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HomeMy WebLinkAbout8.0 Resolution 2008-79Eilt Htrr, l'!fi lUlHll'lll,!ltrl':H{,!l{rl F+t[" i:l *{ ll{' I ] ll I Pecept ion* : 750194 oiatlsitzooa 1@:41:19 AII Jean Albeqico i-6i-i6-n". FidiSo.oo Doc Fee'0.00 GnRFIELD couNTY c0 STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado' held in the commissioners, Meeting Room, Garrreld county courthouse, in Glenwood Springs on Monday the 76 of April,2008, there were present: John Martin ' Commissioner Chainnan Larr.v McCown ' Commissioner Tr6si Houpt ' Commissioner C*olyn Ouhlgr"n ' Deputy County Attorney Jean Alberico ' clerk of the Board Ed Green ' CountY Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO' 2008 - z g A RESOLUTION AMENDING THE TEXT OF SECTION 5'02'21 (MAJOR TEMPORARY EMPLOYEE HOUSING FACILITIES) AND ADDING SECTIONS 5.02.22(MIN0RTEMPORARYEMPLOYEEHOUSINGFACILITIES),5.02.23(SMALL TEMPORARY EMPLOYEE HOUSING FACILITIES)' 2'A2'5L2 (DEFIMTION^- TEMPORARY EMPLOYEE HOUSING FACILITIES)' AND 2'02'421 (DEFINITIgN - PER}{ITTEDSITE)ToTIIT,GARFIELDCOUI\ITYZoMNGRESoLUTIONoFl9TS. WHEREAS, on the Znd day of January , |g7g,the Board of County Commissioners of Garfield County,Colorado,adoptedResolutionNo.zq-tconcemingaZorungResolutionfortheCountyof Garfield, State of Colorado; and ryHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116' C.R.S. 1973, asarnended, to provide for the approval of amendments to such Zoning Resolution' and the Board has so amended the said Resolution; and WHEREAS, on December 16, lggl, the Board adopted a codified version of the Garfield County Zo"i"Jil"rolution of 1978 and all subsequent amendments; and yHEREAS, onNovember 13, 20}6,the Board of county commissioners directed staffto draft an administrative process ro, p.-oittiog facilities to house those individuats deemed as "essential personnel" on oil and gas extraction locations; and WHEREAS, on May g,2oo7 ,August 8,2007 and septemb er 12,2007 the Pla:rning commission Page 1 61312008 ltltlfltl'tl1lffi[ll.Fr'Hlt1l{{,ll+tIslll$l.h+lllll'lllllt ['"tl"?:dfl"# P"{iiid',. :"F:.? 6?35' SSR F I ELD couNr Y c o held public hearings to receive public comment on the aforementioned text amendment; and WHEREAS, on September 12, 2007, the Garfield County Planning Commission made a recommendation to anrind the text of section 5.02.21 @lajor Temporary Employee Housing Facilities) and add sections 5.02.22 (Minor Temporary Employee Housing Facilities), 5.02.23 (Small Temporary Employee Housing Facilities), 2.02.512 @efrnition - Temporary Employee Housing Facilities), u"ai.oz.q2l @efrnition - Permitted Site) to the Garfield County Zonng Resolution of 1978; WHEREAS, a public hearings were held on November 19, 2007, February 4,2008, March 10, 2008, and Aprif l,iOOg before the Board of County Commissioners of Garfield County, Colorado, at the Commissioners meeting room, Suite 100, Garfietd County Administrative Building, 108 8th Steet, Glenwood Springs, Colorado, as to which hearing, public notice was given in accordance with requirements oiSection 10 of the Garheld County ZonngResolution; WHEREAS, the Board on the basis of evidence produced at the aforementioned hearings has made the following determinations of fact: l. That an application for a text amendment was made consistent with the requiremenis of Section 10.00 of the Garfreld County Zorung Resolution of 1978, as amended; That the Board of County Commissioners is authorized by the provisions Section 30-28-116, C.R.S. 1973, as amended, to provide for the approval amendments to the Garfield County ZontagResolution; That the public hearings before the Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearings; That the Garfield County Planning Commission has reviewed the proposed text amendments and made a recortmendation as required by Section 10.04 of the Garfield County ZotrngResolution of 1978, as arnended; That the proposed text amendments are in the best interest of the health, safety, morals, conrenience, order, prosperity and welfare of the citizens of Garfield County. NOW, TFIEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfreid County Zontng Resolution, adopted on the 2nd day of January, lgig, and identified as Resolution No. 79-1, as subsequently arnended by this Board, shall be and hereby is a:nended and said language will be incorporated into the codified Garfreld County ZonngResolution adopted by the Board on December 16, 1991, with an effective date of September 1, 2008, as shown on the attached Exhibit A: of of J. 4. 5. Page2 6t312008 Illl tft lIlll,tf, !{l{Jl{l,Hl'il{l,h+l ltil [+l lill{, lll'l ll ll I Receot ion# : 75O194oattaitzooa 1@:41:19 AIt Jean nlbericox of 28 Rec Fee:$0.@@ Doc Fee:0.0@ GnRFIELD CoUNTY C0 ATTEST: of the Board Upon motion duly made and seconded the following vote: ADOPTED mi, I & auyof J,o.-',".-o'' -^^.'2008' inaccordancewith action taken o" eprit z, zoo8 to be effect September 1, 2008. GARFIELD COUNTY BOARD OF COMMIS SIONERS, GARFIELD CO , COLORADO adopted by the Larry McCown , AYe Tr6si Houpt , NaY John Martin .AYe STATE OF COLORADO County of Garheld ) )ss ) T _, County Clerk and ex-officio Clerk of the Board of Coroty"C and State_aforesaid, do hereby certify that the annexed and foregoing Resolution is truly "oii"a from the Records of the Proceeding of the Board of County Comirissioners for'said Garfield County, now in my office' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said ^r r'r't^-,-,^^r Q--i-cc rhie dew nf . A.D. 2008'County, at Glenwood Springs, this - day of County Clerk and ex-officio Clerk of the Board of County Commissioners ff.--ttB i sper, !ta -u n. o' Page 3 61312008 llll lftl ltlllulilLltl\,![l'it+t,t'.tl,F*1,!l+l H [lll' I ll ll I ['"t1"?:"8"#P,{iffi *:"F!.?6?46'33*FIELDcouNrYco DilIIBIT A 5.02.21- Major Temporary Employee Housing Facilities ('Major Permit'): (1) At times of severe housing shortage,.extremely remote locations or other emergency conditions, special ,r" p"rilii. tor -rraalor Temporary Employee Housing Facilities in the nature of Factory Built Nonresidentiil Structures tas lelryd under c'R'S' 24-32- sgoztalianoloi r6cr"ational vehicles [as defined under c'R.S. 42'1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposesl may be granted for projects within Garfield County related to commercial, industrial, mineral extraction or highway operations of substaniiat sizeln any zone oistiia by the co-unty commissioners through tfre sfiial-use permit process. Such housing shilt P" ol a.temporary nature' At the expiration of the permit, tn.-r"na. shall be iestored and all housing structures and associated infrastructure shall be removed. Review of the permit shall be subject to 59.03 and g5.03 of the Garfiela County Zoning Regulations of 1978 as Amended' All special usJ permits tor nrraioii"rpor"ry Empl6yee-H-ousing Facilities are subject to all applicable building code,-'access'code, staie Lnd federai permit requirements, fire protection district require-ments and fire code requirements. Major Temporary Employee Hor.ing rriitities snitt have at least one of the following basic characteristics: A. The Major Temporary Employee Housing. Facilities or any associated infrastructur"iin|rrairira tsrjs)i"tvtaior Facitity(ies)) is entirely off of or not contained-c.mpfet"fy ilitnin i bt.tl or Federally regulated Parcel (such as a CofoiaO'o Oii and Gas Conservation Commission (COGCC) approved oiUgas 1111eff pad) in which reclamation and revegetation standards are-guaranteed by contract with the permitting agency; or' B. The Major Facilities are to be located at the permitted site for more than a cumulative of one (1) Year; or' c. The Major Facility has a cumulative occupancy of twenty five (25) people or more wno aire employees, contractors or sub-contractors of the operator *itnin the permitt6O Site of the Major Facility and are needed for onsite r"i"iy of tne related commercial, industrial, extraction or highway oPeration' (2) Temporary Employee Housing Facilities having a cumu.lative occupancy of 24 or fewer people at any one given timJ on a Permitted Site, will be on location for less than a cumulative of one (1) year and are completely contained..within a state or federally permitted parcel 1i.e. ';Minor Facilities"' or -'Small Facility') are subject to the administrative review pro""", and standards contained in Section 5.A2.22 or the use-by- right standards defined in s"aion 5.02.23 and the enforcement provisions of Section '12 and Section 9.01.06. Page 4 61312008 llll lli[ l'H[,t[ Hll,!{fi , !rl'it{ {' ]l+l ffiiJHt I # lll { ll ll I Reception#:750194ri{ltg12oaa 1@:4.t:19 Afl Jean AlbericoE-;i-i6-i;.'Fed,io.oo ooc-FCe,@.00 GARFIELD couNTY c0 (3) Special Use permits for Major Facilities: The applicant shall.submit an adequate site plan, consistent with section g.ot.01 and including proposed water supply, proposed method of sewage treatment and names and addresses of adjacent property owners. (A) Water and wastewater systems. proposed to service Major Facilities must comply with all applicable state and local'laws and regulations. ln addition, all sewage must oe aispoiJd of on-sit" ,iing an lndividual Sewage Disposal System (ISDS) unless the aPPlicant can Prove: 1. That, at the discretion of the Garfield County Board of Health' an ISDS system is not feasible due to environmental, .topographic or engineering conditions where the temporary housing is to be located; or Z. That, at the discretion of the Garfield County Board of Health, year-round access is available and maintained for safe and regular access for sewage hauling vehicles. ln addition, the following conditions must be met: a. The applicant musi demonstrate and guarantee an anangement for hautin!-sewage and wastewater and provide a general description of tne'syiteri planned for collection and storage of sewage and wastewaler, along with details regarding number and volume of Sewage and waltewater vaults, name of hauler, frequency of pickup, identification of sewage disposal site, calculation of sewage and wastewater treatment de,mand and demonstration of adequate storage andlor treatment capacity'; and b. fne appiicant must maintain alliecords including but not limited to trip logs/reports and landfill receipts; and c. All sewage disposal records must be maintained as public records to Ue jviitable to the County and/or any other interested third party uPon request; and d. The tem'porary housing must not exceed a cumulative of one (1) Year at an approved location; and, e. These faciliiies shall be designed to accommodate 75 gallons of wastewater Per Person Per daY' f. lf the total wastb production fiom a facility wilt be 2000 gallons per day or greater based on a production of 75 gallons of wastewater generation per person per day, then the facility shall be.serviced by an ISDS. HauieO sewage ind wastewater service shall not be permittlA for any facility wfricn will generate a total of 2000 gallons of wastewater and sewage Per day' (B) For sites where potable water is hauled to and wastewater is hauled out, applicants . mu.i i""p appiopriate records, to be provided to the County upon requgst to demonstrate that water supplied to a site is from an approved source and that wastewater is disposeO oi ai an approved facility. For watej facilities not permitted by the Colorado Department of Heailn and Environment (CDPHE), the operator..must conduct monthly tests-ioi quarterly if an on-site disinfection system i-s installed). and maintain records of stored'potable water samples specific_for coli form. Any tests indicating coli form contamination must be disclbsed to the Garfield County Board of Health jr designee. Applicants shall provide a general description of the water rv.i", plannei tor potibte water, along with details regarding number and volume Page 5 61312008 llll lll'1 rufi fffiHl l,hl,!l!l'iH{,h1[ll+l Hl Hfl lll'l ll lt I Heceotion*:750194ia,irdiigga 1@:41:19 All Jaan Qlberico --- -E";i-i6-H;.'Fii'solos ooc-Fee'o oo GnRFIELD couNrY c0 of potable water tanks, source of water, name of hauler, haule/s colorado Department of Public Health and Environment (CDPHE) registration number and copy of hauteis Copng certification, frequency of delivery, and calculation of water demand and demonstration or aJequat"'."p"lity. water systems permitted by the Colorado Oepattm"ni of Health 'and Environment (CDH?E) -must obtain all necessary state permits prior to ine i"n"Arting of a Special Use Permit for a Major permit public hearing and maintain continuous conformance to state regulations at all times during operation of the Major Facility' (C) ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface' (D) Special Use Permits for Major Facilities must be related to one or more commercial' industrial, mineral extraction o,, ni!n*"y operatio.n locations and shall be limited to a spacing of at least one (1) mitJ Uetween Major Facility(ies), regardless of land ownership oioplirtoi. Spiclar Use iermits for Major Temporary Employee Housing Facilities for oil and gas extracttn purposes in the Resource Lands (RL) zoning district may Oe exerpi"O by the BOCb fiom the one mile spacing if th.e operator can provethatthehousingstructures,na"rrsupportinginfrastructu,."*j]lbecontained within the Colorado Oil and Gas Commission (COCeCl apn-rgv-e! well pad and there will be no new additional land disturbance outiiOe of the COGCC approved well pad area. lf tne appficani is applying for a Special Use Permit for Major Facility(ies) on an approved cciccc werr iio, tne appticant must provide the relevant approved APD permit inoicating louii,ig rocationiil atong with the application for a special Use Permit for Major FacilitY(ies)' (4) The maximum allowable time length of the -Special .Use Permit for Major Temporary Employee Housing Facilities is one'i11 yeat. For.good cause shown, the permit may be renewed "nnr"tiyir, " puLfi" meetini wiin notice dy agenda only. Annual renewal review shall be based on the standards heiein as well as all conditions of the permit' A permit may be revoked anytime through- a public hearing .called up by staff or the Board of county commission6ii. gv *ry'ot exampte and no-t.limitation, continued non-availability of a permanent housing inventory or the'nature of the construction or extraction project may constitute 'good cause' for renewat. The applicant must provide an. estimated total cumutative l"ngti-oitime the Major Facility(iesi will be.at th-" pl:?:Td.location along with a statement of intentions to request renewal past the one year expiration date as part of tne speliai Ur" permit toi Malor Facilities application. Failure to provide a statement of intention for renewai will ilrohibit the Special Use Permit for a Major Faci lity(ies) from future renewal consideration' (5) Temporary housing shall-be located at a site authorized by the Board of Gounty Commissioners and identified on tne relevant site plan submitted with the Special Us.e permit tor a rvtajoi r".irityti"s). lnhabitants of the Major Facility. s.hall be applicant's employees, coniiactors andlor-subcontractors, working on the related construclion or mineral extraAion operation, "nO noi A"pendents of employees' guests or other family members. (6) Major Facilities shall be maintained in a clean, safe and sanitary condition' free of weeds and refuie. Any hazardous or noxious materials that must be stored on site for Page 6 61312008 ril ffi lllllfll\lll l,!tl,[Ii'il+ {, lfil, iltqHt{i I + tlll{' I ll ll I Reception#:750194 Ed [1tr'rZ'gz: g;l 1 s[? rB'o.l'F!.?A?85' 33*F r ELD couNry co operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations' (A) Fire Protection; General Requirements: i. Provisions shall be made for giving alarm in case of fire' lt shall be the responsibilit, of tne duly autliorizEa attendant or caretaker to inform all employees LOout means for summoning fire^apparatus,- sfgriffs office and resident "rprov""r. All fires are subjectlo $07 of the 2003 lntemational Fire code (lFC) including but not limited to'permits, attendance, open fires, coal grills, fire bans and bon fires. one (1) or more approved e(inguish_ers of a type suitable tor Rammable liquid, com6ustible materials or electrical fires (Class A, class g ana'clas, c1, ot, dry chemical, shall be located in an open slation so that it will not be necessiry to tiavet more than one hundred (100) feet to reach the nearest extinguisher. h water storage tank shall.be required to provide water to the sprinkleiiyrt", "nd initial suppiession acliv'rties. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. ii. Manufactured home or recreational vehicle units equipped.by the manufacturer with a rir" .prinir.isystem, fire detection system, and/or alarm system shall be inspected,tested,andmaintainedinaccordancewith2oo3lFc$901.4and SgO1.6 and as required by the relevant fire protection district(s)' Smoke alarms and manualfire alarm sysiems shall be instailed, inspected and maintained in all other manufactured home or recreational vehicle units in accordance with 2003 tnternationrt-fir" Code tffCl SgOi.2.9 and 5907.2.10 and the requirements of the relevant fire protection districts' iii. single-station carbon monoxide alarms shall be placed in each manufac-tured home or recreationalvehicle unit' (B) Wildlife-proof refuse containers must be provided for trash. At least one thirty (30) gallon (a cubic feeq container shall be piovided.for each unit or the equivalent in a central trash colieciion facility. Said container(s) must be durable, washable, non- absorbent med ;;;6stic wifh tight-fitting lids. iefuse shall be disposed on not less than once *"EX1V. -Afplicant s[att provide a general description of the system planned for colleition'and disposal of refuse, itong with details regarding refuse collection, inciuOing number, type and volume of containers; name of haulen frequency of collection; and ideniification of refuse disposal site' (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Major Facility(ies) site are provided' (D) The applicant shall provide a detailed map and GPS coordinates to the Garfield County snerirs omce and the relevant Fire Protection Districl which is sufficient for emergency r"rpo*" purpo."r, including location of the Major Temporary Employee Housing Facility(ies) site;' private anO pribtic. roadways accessing the site, marked as open, gated "niloi locked; and detailed directions to the site from a major public 6bnfbtlwa,. fne map is subject to approval by the Garfield County Sheriffs Office and relevant Fire Protection District'PageT 61312008 llil ftrL fH[,lt!ll{,tlll,!tli':|il{,Hll, H{l ftltHltJll{ ] ll I Receot ion# : 750194 oetteitzooa 10:41: l9 Afi Jean Alb€ricoe-oi-26 Rec Fee:$@.00 Doc Fee:0.0@ GARFIELD COUNTY C0 (7) lf structures, requiring Building Permits u1d9r.the Garfield County Building Code, are constructed for the comme;ial, industrial, highway project or mineral extraction operation related to the Special Use Permit for Major Facilities upon expiration or revocation of the permit, Certificates of Occupancy for such struc{ures shall be revoked until the temporary living quarters are removed and the site is restored to the satisfaction of the County Building and Planning Director' (g) lf a Special Use Permit for Major Facilities is granted, the Applicant shall notify the county when site development begins. The applicant shall verify in writing, by site plan and through photo documentation-, that the site, water system, and sewage disposal system we-re besigned, installed and inspected in accordance with the said Special Use permit and compiy with all applicable iegulations, permits, and conditions. All written documentation inO site plans'verifying compliance must be stamped by a certified Colorado Engineer. The county also ieserves the right to inspect a site, without notice, to assess comp-liance with the Special Use Permit foi Major Facilities. A determination of noncompliance with any Special Use Permit for Major Temporary Employee Housing Facilities, or condition approval thereof, is grounds for revocation or suspension of said permit, in accordance with Section 59.01.06. (g) lf there is suitable permanent housing inventory available in an area near the commercial, industrial, highway project orhineral extraction operation, as determined at the discretion of the BO-CC, ihe Special Use Permit for Major Temporary Employee Housing Facilities shall not be granted. (10) No animals shall be allowed at Major Temporary Employee Housing Facilities or on Permitted Sites. (11) ln evaluating a request for a Special Use Permit for Major Temporary Employee Housing Facilities, the County Commissioners may require compliance with additional conditions of approval as may be needed to ensure the health, safety and welfare of the public. (A.81-263) (12) The applicant shall submit as part of the Special Use Permit for Major Temporary Employee Housing Facilities, a reclamation and revegetation plan for each specific site addressing all areas as identified below' a. Debris and waste materials, including, but not limited to structures, concrete, footings, sewage disposal systems and related infrastructure, water storage and related distribution infrastructure, roads, and other sand, plastic, gravel, pipe and cable shall Oe removed. All pits, celiars, and other holes will be backfilled as soon as possible after all equipment is removed to conform to sunounding tenain- All access roads to the site and'associated facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall be completely pumped out and either crushed in place, punclured and filled with inert material or removed. Any waste material pumped from a wastewater tank or waste debris from tank removal must be disposed of at an approved facility that is permitted by CDPHE andlor Garfield County to receive said wastes. Materials may not be bumed or buried (other than ISDS; on tne premises. All disturbed areas affected by Major Temporary Page 3 61312008 Illl lI1 l'tfi l,ffi llll, Hf,!ll:l{ L l{jHlff rfi{ Hil lll, I ll I I I ' Recept ion# : 75O194 OOll@I?A@A 10:41 : 19 Al'l Jean Alberico9 of 28 Rec Fee:$0.00 Doc FeE:0.00 GARFIELD COUNTY C0 Employee Housing Facilities or subsequent operations shall be reclaimed as early and aJ nearty as-praclicaot" to their original condition and shall be maintained to controidust, weeds and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoit shall be added to the depression and the land shall be re-leveled as close to its original contour as practicable. Reclamation shall occur no later than three (3) month; after the special Use Permit for Major Temporary emprovee fousini Facirities expires or is revoked unless the Director or designee extenOs tne time piriod because'of conditions outside the control of the applicant' b. All areas compacted by Major Temporary Employee Housing Facilities lnd subseluent operations shatt O" cross-ripped' On crop land, such compaclion atteviaiion opeiations snatt ue undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping. shall be undertaken to a depth of "''!nl""n (i a) incnis ,nless and to the ertent bed rock is encountered at a shallower dePth. c. When a Major Temporary Employee Housing Facilities site is removed, all disturbed areas will be restored and'revegetited as soon as practicable. For disturbed areas not regulated by the Colorado Oi and Gas Conservation Commission, the following regulations witl aPPIY: (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands snatt-Oe replaced to tneir original ielaiive positions and contour, and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practicable to' prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were presentbeforedisturbanceshallbereestablished. (2) Revegetation of non-crop lands. All segregated soil horizons removed from non- crop ianO. shall be repiaced to their original relative positions and contour as n"* "r practicable to achieve erosion cJntrol and longterm stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant community is encourag-ed. ln the absence of "n agr""rent between tne appticant and the affected surface owner as to what seed mix should be used, the applicant shall consult with a representative of the local soil conservation dirtri.t'to determine the proper seed mix to use in revegetating the disturbed area' d. During occupation and reclamation operations, all disturbed areas shall be kept free of CafiEd County and State of Colorado List A and B noxious weeds. e. Successful reclamation of the site and access road will be considered completed when: (1) On crop land, reclamation has been performed as per 12(c)(1) of this section, and oU."*Ltion by the Director or designee over two growing seasons has indicated no significant unrestored subsidence. Page9 61312008 n il fti'r H [i lHl, I 11, !lIT, ltrt, lil l, I +E tl{ fHtjlltl ll{' I ] I I I Reception$: 750194 06llqtl2@OA 10:41:19 All J€an nlberico 10 ol 28 Rec Fee:$0.@O Doc Fee;0.00 GARFIELD COUNTY C0 (2) On non-crop land, reclamation- has been performed as per 1z(9)Q) of .this section, and the total cover of live perennial vegetation, excluding noxious weeds,'provides sufficient soils erosion control as determined by the D.irector througir a visual appraisal. The Director or designee shall consider the total cover of firi perennial vetetation of adjacent or nearty undisturbed land, not including overstory or tree "lnopy cover, having similar soils, slope and aspect of the reclaimed area. (3) A final reclamation inspection has been completed by the Director or designee, there are no outstanding compliance issues relating to Garfield Gounty rules' iegulations, ordersoi per-mit conditions, and the Direclor or designee has notified thI applicant that final reclamation has been approved' f. Specifically as to revegetation, the applicant shall provide security for revegetation of disturbed areas in amount and in accordance with a plan approved. by.the Garfield County Vegetation Management Department. The security shall be held by Garfield County ,njit vegetation has been successfully reestablished according to the standjrds in the Garfield County Vegetation Manigement Plan adopted by resolution No. 2002-94, as amended. 5.02.22- Minor Temporary Employee Housing Facilities ('Minor Permit'): ^h) (1) Minor Temporary Employee Housing Facilities, ^'l ^H^13#- "f Factory Built Nonresidential Structur". tir defined ,-nd"r c.R.S. 24-32-3302ffi1 and/or recreational vehicles [as defined under C.R.s. 42-1-102 (61), with the additioh trat such truck, truck tractor, motor home or camper trailer is being used for temporary_ living quarters and.not recreational purposes], may be granted lind use approval fo1 .prolects ro'lated. to commercial, industrial-and minerai-extraction operations by the B_uilding ald Planning Department OireAor (Director), through the Minor Permit process. Su.ch housing shall be of a tempor"w n"trri, and aiihe ex[iration or other termination of the Minor Permit, all structures, foundations and associated infrastructure shall be completely removed' Stlch facilities "r" rrUi"A to all applicable requirements of Garfield County building and fire codes (building code, fire code), state and federal permits and relevant fire protection district(s) fire code requirements. Minor permits shall have all of the following basic characteristics: A. The Minor Temporary Employee Housing Facility and any associated infrastructure ("Minor Facility(iel)') must be completely contained within a state or federally permitted pircet-(e.g. Colorado Oil and Gas Conservation Commission (COGCC) approved oiygls well pad) in which reclamation and revegetatioh are securLO witn the permitting agency (Permitted Site); and, B. The Minor Facility is located at the Permitted Site for less than a cumulative of one (1) year; and, Page 10 61312008 3 I I ilvl H [: I H, n r l, llll, ['tl, lli l, I + H l#f !l[ i ffi I lll' I I I I I I Receot ion$ : 750194 aatfiitzoOe t0:41:19 Qll Jean Albericg ----. -ii';i'26-F";-i;,60.0@ Doc Fee,0.00 GARFIELD couNrY c0 C. The Minor Facility shall have a cumulative occupancy of nine (9) to twenty- tour (i+) people within the Permitted Site who are employees, contractors or sub-contractors of the operator and are needed for onsite safety of the related commercial, industrial, extraction or highway operation. Temporary employee housing facilities that do not have the three characteristics listed above, i.e., have "n o..up"ndy of 8 or fewer people or 25 or more people on a Permitted site, on location for more than a cumulative of one (1) year of ?r9 off of or not completely contained within a Permitted Site, i.e. 'Small Facility' or'Major Facility', are subject tothe special use review process and standards and requirements contained in Section S.OZ.Z1 or the use-by-right standards defined in Section 5-02.23 and the enforcement provisions of section 12 and Section 9.01.06. (2) General Minor Permit Application Requirements:_The Applicant shall submit an application, on a form provided by the Building and Planning Department (DepartTel0 and be issued a Minoi permit ui tne Directoi prior to commencing installation of the Minor FacilitY. Minor Permit and Area Wide Development Plan (AWDP): Each Minor Facility .ppri."tion shall be reviewed by the Director and an administrative deiermination made, in accordance with the process and timeframes outlined in Section 5, below. The Applicant, however, may choose to apply for an AWDp consisting of multiple Minor Facilities to be developed within an identified amount of time, using an accelerated administrative process, tottowing approval of an AWDP, l-eading to multiple Minor Permits' Approval of an AiVtjP, however, does not guarantee approval of each Minor Permit' Administrative review is required for permitting of each Minor Facility, in accordance with the process and timelines contained in section 5, below. ldentity of Applicant: The Applicant for a Minor Permit or for approval of a1 AWDd must be the owner oi the surface estate of the subject lot (Owner), consistent with section 9 of this Zoning Resolution. lf a representativ.e.is ;ai"g on behalf of the Owner, an acknowledgement from the Owner shall be included with the application submittals required by Section 4, below' Such an acknowledgmeni may be in the form of a letter of authority/agency o-r a lease, surface use agreement or similar document of legal effect demonstrating that the owner has given the representative permission to use the surface Lstate for installation of one or more Minor Facilities and permission to process applications for land use and building code permits on behalf of the owner(s). 'The representative may be the operator of the Minor Facility(ies) (Operatori, a land use planner, engineer, consultant or any other type of authorized representative/agent. public Notice: At the time of submittal of an application for a Minor Permit or approvat of an AWDP, the Applicant shall demonstrate that notice was mailed to adjacent property owners'within 20O feet of the subjecl lot or 200 feet from the iermittiO bite'it the Permitted Site is within the Resource Land Zone District and the Resource Land Plateau sub-District, as identified in the Garfield County Assessor's Records; the Owner (unless the Owner is the Page 11 61312008 A. B. c. ' ilil Hrr, ttEltrl,lll,lll:l+t,l/ll,HllihrilfHt' :uill,lll'l ll ll I ' Receotion$: 750194 ii * Zldg"y;ll;i3 8E oi3'F.3lB:66"3nnpL.o couNry co Applicant and is not represented); and separated mineral estate owners (as defined in Section 24:65.5-10l'et seq., C.R.S., as amended) under the subject lot or under the Permitted Site if the Permitted Site is within the Resource Land Zone District and the Resource Land Plateau Sub-District, as identified in the records of the Garfield county clerk and Recorder. Public Notice shall include at a minimum: name of the Applicant and representative (if different), description/map of the subject lot with proposed location .of Minor iacility(ies), -gln"r.l description of the proposed Minor Facility(ies), explanation of-the reconsideration process, outlined in Section 6, below, with the timeframe to request reconsideration of the Director's decision and contact information for the Department' D. The application must also include the submittals required by Section 3 and 4, below. (3) Submittal Requirements for an AWDP: At a minimum, the Applicant for approval of an nWOp, along with the submittals listed in Section 2, above, shall submit: A. A master mapisite plan in accordance with Section 4(H), below, identifying the proposed location'and anticipated layout for all Minor Facilities to be installed within tne nWOp. Site specihc, surviyed maps depicting the location of each Minor Facility, located within the Permitted Site within the subject lot' shall be submitted wiin eacn individual Minor Permit application and not with the application for approval of an AWDP' B. The master map/site plan shall include a list of the anticipated dates of installation and iemoval for each Minor Facility. The list shall also include the estimated total cumulative length of time (number of days) that the Minor Facilities are anticipated to be installed at the proposed location' C. Sign-offs from the Garfield County Sherriffs Office, relevant fire protection Oiitrlctls;, and Garfield County Buiiding Department consistent with Section 4 (A) and (B), below. D. A legible photo of the state or federal 'certifying stamp' for each housing unit- .niiiip"tdO to be used within the AWDP and demonstration that each proposed unit meets current building code and Garfield County fire code requirements. E. A general description of infrastructure and services listed in Section 4 (C) - 1ej, Uetow. The detail required at the time of application for a Minor Permit is noi'required at the time oi application for approval of an AWDP. F. Proof that required public noticing has been performed in accordance with Section 2(C) above. Assuming approval of the AWDP, following the timeframe for reconsideration detailed In Siction 6 below. The Applicant may proceed to submit individual apptications for the Minor Facilities proposed within.the AWDP, in accordance with the submittal requirements, standards, administrative review process and Page 12 6t312008 r lul lffi ?Inrtiffim,Hl,l+tHlf llt{' :hlt,lll't ll ll t I ffitiid,tH::;rf i,B'6u o#"p.!1BiBB"3?,*r r.r-o couNry co timeframes and the reconsideration process and timeframes' stated in sections 4 - 7, below. (4)Submittals for Minor Permit, including Minor Permit application for which an AwDP was PreviouslY aPProved: sisn-of f s:revieyvl|,9Tl1"^9*::^::'.:.tt*3*3.1[::.*1J:i"JiltJil; ^?:Jl;"ffi .T[',",,':-lJi1]]"^;ffiTJt'"^i*[:it:nl',,':::lflT:J:3ffi:,111: 3:"ff:l"ai''j[:x:] Jffiffi;;t-f;: r,,,ino' i,"il'it need not resubmit the sign-offs. B. Sign-off: review from the Garfield county Building Department of the state or federal "certifying stamp' for eaJn-'htrrlng init proposed for. .use and demonstration thlt each propor"a. norting ,;it meeis cunent building code and fire code requirements. tt in nWOp hJs been previously approved which includes the Minor Facility pr"r"nitf 'u"i"g permitted. th! Applicant shall identify the housing units which will iL ;;;"Ith; Minor Facilitv from the list aPProveO as a Part of the AWDP' A E. 6. G"n"r"l description of the water system planned for.p_otable water, along with details regarding nu-mOei anA ,of,irJ'oif,oia5te water tanks' source of water' name or h",d;1#;";''"i;i;il;i :!C*:*:: :"11i'J;"'3bfilEname of hauler' naulers vt.lrurau" ;'iJr-'rnJ "op, of hauler's CDPHE ::*r:":r."1"[:i,i"l5]:?'li'',*ll,lh';'.;tation'6t*"iJ-olmana'no J.ronttt.tion of adequate capacity' Ageneraldescriptionofthesystem.plannedforcollectionandstorageof sewage and wastei"t"-i, lf*g'*n Aiirits iegaralng n-umber and volume of sewage and wasG*"t", vailts, n"r"' Jiauter] freq/uency of pickup' identification of sewage disposal site, ca-lcu-lation of sewage and wastewater treatment demand *i- o".onstrationE "o"qr"te storagl and/or treatment capacitY. Ageneraldescriptionofthesystemplannedforcollectionanddisposalof refuse, along witn Jeiaits regaiding t9i*" "ott""tion, including number' type and volum" ot .oii.ji"o;-n"rJ ot'nauter; frequency of collection; and ia"ntiR""tion of refuse disposal site' F'Alistofadjacentsurfaceownerswithin200feetoftheSubiectLotor200feet from the Permitted Site if the Permitteif liL it *iinin tn" Resource Land Zone District and witnin tn" n".orr"" u"niii-"i"", sro-oittrict, as identified in the Garfietd county'Asr"rror, *""I0;; ".d-" list of separated mineral estate owners in the subject lot or tne pe-rm:,ti"i Sii" nthe Fermitted Site is within the Resource L;;iz;n" pirtri"l "nJ *itnin the Resource Land Plateau sub- District, as iaentjnJOln in" C"rfi"fA dornly Cie* and Recorders records' G.Alistofthefinaldatesofinstallationandremovalof.theMinorFacilityanda representation ot'iirioi"r "rrrr"t#!ie'n:gt[ .itime (rurnber of davs) that the Minor Facility *iff 6" intt"lled at the proposed location' Page 13 61312008 llll lT[ ]IlilHl,lll,Hlihl,lillJilf llf fll+'lsl l{l' I ll ll I' Receptionfi: 750194 @611@l2OOe 10:41 :19 Al'l Jean Alberico 14 ol 28 Rec Fee:$0.00 Doc Fee:0.00 GnRFIELD CoUNTY C0 H. Site Plan: The Applicant shall submit an adequate site plan, consistent with Section LO1.O1 of this Zoning Resolution and the requirements listed below: A vicinity map indicating the section, township, and range of the subject lot and the location of Minor Facility within the subject lot and the Permitted Site; general relation to sunounding public roads, private roads, adjacent utility systems, residential development, other actively permitted Minor and Major Facilities, natural drainage courses and municipalities within one (1) mile of the proposed Minor Facility; north anow and scale; GPS coordinates and cunent surface omership of the subject lot. The vicinity map shall be presented on a USGS 7.5 minute series quadrangle at a scale of 1'=2000' or equivalent, with a topography depicted at a minimum of 40'intervals. Surveyed layout cjt tne proposed Minor Facility within the surveyed boundaries of the Permitted Site, including at a minimum: housing struclures, sewage and wastewater disposal, trash receptacles, potable water Storage, all other associated infrastruclure and all other equipment located within the Permitted Site. ldentification of the private and public roadways accessing each Minor Facility. Roadways shall be maked as open, gated, and/or locked (include combinations). Detailed directions, with mileage, shall be given from the nearest town within Garfield County, nearest Garfield bounty Sheriffs ffice dispatch location and responsible fire district headquarters to each Minor Facility, along each roadway. Name, address and phone number of surface owner of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone District and within the Resource Land Plateau Sib District. Name, address and phone number, including a 2$hour emergency response number of at least two persons responsible for Operato/s emergency field operations; contact numbers for local hospitals, emergency response, fire protection districls, Garfield County Sheffis Ofiice, Life/Care Flight, and applicable regulatory agencies; site safety/evacuation plan; and any other written response plan for potential emergencies at the Permitted Site. ldentification of the final dates of installation and removal of the Minor Facility. The site plan shall include a notation of the total cumulative length of time (number of days) that the Minor Facility will be installed at the Permitted Site. ii. iv. V. vi. Page 14 61312008 Illl ffi ufi IELI'Il,Hlll,lil,llllJiltiHff#tilHf ll{' I ll ll I . Reception$: 750194 o6t1?it2@O8 10:41:19 Fll Jean AlbericoiS oi zA Rec Fee:$o.o@ Doc Fee,o.Eo GnRFIELD C0UNTY c0 l. The name, tile, address, phone number and email address of the Operato/s employee or other authorized representative who is in charge of ensuring that the' Minor Facility is in compliance with the standards outlined in Section 5.02.22 ('Operator's Com pliance Office/'). J. A form, provided by the Department and signed by the Operator's Compliance Officer, indicating t'hat the Minor Facility witi be installed in accordance with all applicable Garfie'id County, relevant fire district, state and federal regulations. K. A form, provided by the Department and signed by.the Operator's Compliance fficei, indicating'that the Operator submits to the enforcement provisions identified within Section (8), below. L. A copy of the permit from the state or federal agency, regulating. the Permitted Site, identifying the location, conditions of approval' time period for which the permit is vitiA and the parameters for reclamation and revegetation of .the irrtino1. Facility once the state or federal permit for the Permitted Site has expired or is otherwise terminated. (5) Timeframe of Review and Administrative Determination: A. Upon submittal of an application for a Minor Permit or for approval of a1 AWDp to the Departmeni, a technical compliance check shall be completed and notice of compliance or non-compliance sent to the Applicant by the Director within fourteen (14) calendar days of submittal. Once an application for a Minor permit or nWOp is deemed technically compliant by the Director, the Director shall issue a determination of approval, approval with conditions or denial within fourteen (14) calendar days following the date of technical compliance determination. Unless othenrise provided herein, the expiration of any time limitation imposed upon the Board of County Commissioners, the planning Commission, or ani other County representative, shall be interpreLd as having consequence only in entitling an interested party to request judicial relief-in the nature of mandamus. The expiration of any such time limiiation shall not, in and of itself, be considered as approval or denial of any application, plan or plat under consideration' B. lf the Director finds in reviewing an application that the application meets the standards set forth in this Zoning Resolution, the Director shall approve the application for a Minor Permit and issue the Minor Permit to the Owner of the subjeA lot or approve the application for approval of an AWDP' C. lf the Director finds that the application does not meet an applicable standard or standards, the application'may be approved with appropriate reasonable conditions imposed'io avoid or minimize the significant adverse impacts of tne Uinor Facility(ies). Such conditions may include, but are not necessarily limited to, the retocaiion or modification of proposed access roads, facilities (including water and sewer facilities), or structures; landscaping, bufferi!9, or r.r""nin6; or any other measures necessary to mitigate any significant impact on surrounding properties and infrastructure' Page 15 61312008 llll ih HElEl,l$,!$,1{il,llll,HiliLlffilFlillt$, lll, I ll ll IReeeption$: 750194 @611@12@OB 10:41:i9 API Jean Alberico15 of 28 Rec Fee:$@.@O Doc Fee:0.@@ GARFIELD COUNTY CO D. lf the Direclor finds that the application does not meet an applicable.stand.ard or standards and that the non-compliance cannot be mitigated through a conJition(s) of approvat, the Director shall deny the Minor Permit or application for approval of an AWDP' (6) Reconsideration Hearing: Once the Director issues a deten'nination on the application the determination shall not be final for fourteen (14) calendar days after the date of the determination in order to allow time for the appiicant, adjacent property ownlrs within 200, of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone District and within the Resource Land Plateau Sub-District, the Owner(s) of tne suUjeA lot or the permitteO Site if the Permitted Site is within the Resource Land Zone District and within tne Resource Land Plateau Sub-District separated mineral estate owners, and/or ths Board of County commissioners (Bocc) to reconsider-the determination made by the Oir""tor. The Director's determination shall become final only after the expiration of tnis tourteen (14) calendar. day period' and only if the determination is not reviewed and acted upon by the Bocc at a subsequent reconsideration hearing. A. Request for Reconsideration of Decision' i. written Request. The Applicant (and the owner, if the owner is represented as detailed in (2xB), above), an adjacent property owner within 200' of the subject lot or the p6rmitted'Site if the Permitted Site is within the Resource Land Zone District and within the Resource Land Plateau Sub-Distric{, or the minerar "rt"iJt o*n"o as defined in subsection iv, below, aggrieved by the Director's decision may request reconsideration by the Bocc by means of a written request R;LO witn the Department within the fourteen (14) daY Period of time. ii. schedule Public Hearing. A public hearing by the Bocc shall be held at the next avaitabte BOCd's regularly scheduled meeting date in which all required prior public noticing cin take place (Reconsideration Hearing)' iii. Notice by Publication. At least thirty (30) calendar days priorto the date of the scheduteJ Reconsideration Hearing, the aggrieved party shall .have published " noti"" of public hearing in a newsprP9t_of general circulation in ih" "r"" in which the proposed Minor Facility or AWDP is located' iv. Notice by Mail. At least thirty (30) calendar days prior to the date of the scheduled Reconsideration Hearing, the aggrieved party shall. send by certified mail, retum receipt requestJd, a written notice of the public he-aring to adjacent property owners within 200 feet of the subject lot or 200. feet from the permiiteO'Site if the Permitted Site is within the Resource Land Zone District and within the Resource Land Plateau sub-District, as identified in the Garfield County Assessor's Records; the Owner (unless the Owner is the aggrieved partyi; and separated_ mineral estate owners (as defined in Sectlo-n 24-65.5-1d1 et seq., C.R.S., as amended) under the Page 16 6/312008 ril ilil Plfi I tl,Ilil,Hlt'il*l,tlil,l +':l#'f llt I ll+l' tlt' t rl I I I [9","ffl8,fd:],1!l#fiu,i:'p"l I B:64'Bon, r.,-o couNry co subject lot or under the Permitted site if the Permitted Site is within the Resource t-anO ilnoDstrict anO *iinin.the Resource Land Plateau'Sub- District, as iOentiiei i. in" recorOs"ot the Garfield County Clerk and Recorder. rne owniis of record of .rr "olr"entproperty within 200 feet of the subject fot or-ZOO feet from tne FermitteO dite'if the Permitted Site is within the Resoui* l..o zone oistiiJ "no within the Resource Land plateau Sub-District . (Note: tne aggieied party need not notice rfse/fl The notice shall include a vicinity map, the tegat-Oelcfiption of the subjecl lot' a short narrative'i*"iiOi.g tnb ft,inoi Facility or AWDP, and an announcement oi-in"- Oit", time and locaiion of the scheduled Reconsideration Hearing' v.BoCCDecision.TheBOCCshallconducltheReconsiderationHearing and,basedupontheevidencereceivedatthehearing,theBoardmay uphold the Direcioi. o""irion, modify the decision or.reverse the decision' based upon compliance of the_ prop6."J Minor Facility or AwDP with the regurations contJ';; in tris zoning Resorution and, specifically, section 5.02.22. B.Call.upbyBoard.Withinfourteen(14)calendardaysofthedateofreceiptof notice of the Oir"tior;s decision, ihe BOCC may -at .its discretion' decide to reconsider tne oirlaoi's decision at tne next reiularly scheduled meeting of the BOCC tor wnic--n-p-rop;;i;; of hearing can be accomplished. i.Call-upVote.TheBoccshallconsiderthecall-uprequest,byoneormore commissioners, at the next regular'iieeting of the BOCC and set a public hearing by a majority vote of the BOaC in favor of the Reconsideration Hearing. "il:,g?:J "tk1l"*,#1il'lllg,lrr'1"",:',"J,HS3,siH:'B::.:,ii!ullhave publisneAl-notice of public liearing in a newspaper of general circulation in the-area in wniin th; t"p$d Minor Facil*y or AWDP is located. iii.NoticebyMail,Atleastthirty(30)calendardayspriortothedateofthe schedured neconsloeirtion H"iri,ig,lne aggrieved_party shall send by certified mail, retum receipt ,"qu".t'Jd, a writ[Jn notice of the public hearing to adjacent property ow!?f witnin-ioo feet of the subject lot or 200 feet from the Permiited Site if the Permitted iit" it within ihe Resource Land Zone District anJ *itnin tne neiJurce Land Plateau Sub-District' as identified in tne oarrieto county nssessor's Records; the owner (unless the owner is the ;gg";;"d partyi; "nJilp*ted mineral estate owners (as defined in seaiJn 24-65'5-ior "i-t"qi' C:R'S'' as'.amended) under the subject tot or unaertne Permittei iit"'if the Permitted Site is within the Resource l-"nJ'Zont Oi"triA and within the Resource Land Plateau Sub- District, as identified in the t""orot of the Garfield county clerk and Recorder. rne owners of record oi "il ,oj"""nt^p.rop.erty within 200 feet of the subject fot oi ZOO feet from tn" F"ilittea Site'jf the Permitted Site is within the Resource Land zone oirtiiJ and within the Resource Land Page 17 61312008 III ffi /tfiIEl,lll,Illfi ,l#,HlLlt[l#fltil+'lsllll'I rI II I Reception$:. 75O794 @611@12@@8 10 r41 : 19 Al'l Jean Alberico 18 of 28 Rec Fee:$O.@@ Doc Fee:0.00 GARFIELD COUNTY C0 Plateau Sub-District. The notice shall include a vicinity map, the legal description of the subject lot, a short narrative describing the Minor Facility or AWDP, and an announcement of the date, time and location of the scheduled Reconsideration Hearing. iv. Decision by BOCC. The BOCC shall conduct the Reconsideration Hearing and, based upon the evidence received at the- hearing, the Board may uphold the Director's decision, modify the decision or reverse the decision, based upon compliance of the proposed Minor Facility or AWDP with the regulations contained in this Zoning Resolution and, specifically, Section 5.02.22. (7) The Minor Facility shall adhere to the following Minor Permit standards: A. B. Minor Facilities must comply with all applicable federal, state and local laws and regulations. Operator must keep and maintain appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that potable water supplied and sewage and wastewater meet the representations contained within the application, as required by Section 4(C) and (D) above. ln no case shall unsafe water be used for drinking nor shall raw Sewage or contaminated water be discharged on the ground surface. The operator shall conduct monthly tests (or quafted5jf an on-site disinfection system is installed) and maintain records 6f #of€i potable water samples specific for coli form bacteria. Any tests indisatingf coli form contamination must be disclosed to the Garfield County Board of Health or designee within 72 hours from the time the contaminated water was tested. Minor Facilities shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each fac1ory built nonresidential structure or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of weekly, at a minimum. Operators must keep appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. D. C. E. F. G. Page l8 61312008 M. N. o. P. llll lfiit H[:lEl,lI l,!t!,ltI,l/li,l +ff l#f lFll'l'lil lfl ' I Il Il I Recept i onfi : 750194 oat leirzg@8 1@:41 : 19 Alil Jean Alberico 19 ai -8 Ree Fee:$@.oo Doc Fee:o.@O GnRFIELD CoUNTY CO t. Factory built nonresidential structures or recreational vehicle units equipped by the manufacturer with a fire sprinkler System, fire detection System, and/or aiarm System shall be inspected, tested, and maintained in accordance with 2003 lFb 5901.4 and 5901.6 and as required by the relevant fire protection district(s). -Smoke alarms and manual fire alarm systems shall be installed, inspected and maintained in all other factory built nonresidential structures or recreational vehicle units in accordance with 2003 lntemational Fire Code (lFC) 5907.2.9 and 5907.2.10 and the requirenients of the relevant fire protection districts. Single-station carbon monoxide alarms shall be placed in each factory built nonresidential structure or recreational vehicle unit. One (1) or more approved fire extinguisher(s) of a type suitable for flammable liquidi, combustible maten-als and electrical finis (Class ABC), or dry chemical, shall be located in each factory built nonresidential struc{ure or recreationatvehicle unit and placed in accordance with applicable codes. K. lnhabitants of the Minor Facility shall be Applicant's employees and/or subcontractors, working on the related commercial, industrial or mineral extraction operation, and not dependents of employees, guests or family members. \Mthin 10 days following the expiration or other termination of the Minor Permit or repiesented date of removal identified within the Minor Permit, all housing structures, foundations and associated infrastructure shall be completely removed. The Operator shall provide the Department with photos, dated and signed by the Operato/s Compliance fficer, indicating that all housing stru&ures, foundations and associated infrastructure has been removed within the specified timeframe. No domestic animals are allowed at a Minor Facility. A water storage tank shall be required to provide water to the sprinkler system and iniiial suppression aclivities. The size of the water tank shall be dLtermined based on sprinkler calculations and initial suppression demands. The size of the water storage tank shall be determined by the relevant fire protection district. lf the Minor Facility is located outside the boundaries of a irre protection district, than Each Minor Facility shall have at least one (1) water storage tank with a minimum of 2500 gallons of stored water for initial fire suppreslion, operation of sprinkler systems (if applicable) and wild land fire protection. All emergency situations requiring action by any govemment agency or fire protection districl shall be documented in writing and presenled to the_ irlanning Department and Garfield County Sheriffs Office within 24 hours of the occunence. All required Access Permits shall be obtained from the Garfield County Road and Bridge Department or the Colorado Department of Transportation. Page 19 6/3t2008 ]ll Htl rffilEl,l ]l,Hll,[tl,ltl,lJli ltlf Ftl iH+l lll' ll ll ll I Receotion# i '750194 @6t1eit20@a 10:41:19 All Jean nlbericg io'di'2e-Rec-fee,$o.oo Doc Fee:0.00 GARFIELD CoUNTY c0 e. The Garfield County Sheriffs Office and relevant fire protedion district(s) must be notified at ieast 24 hours prior to installation and removal of each Minor Facility. The Department shall be copied on all such notification, whether hard coPY or electronic. R. The Operator shall maintain records identifying workers, whether employees or sub-contractors, and documenting the dates that each worker is housed at the Minor Facility. Such records shall be provided to the County or any additional third party upon request' S. Wastewater DisPosal: i. Vault System: All vault systems are required to obtain an ISDS Permit from darfield County and shall be designed and installed to accommodate the maximum number of persons, identified within the Minor permit application, who will inhabit the Minor Facility. ln addition, all vault systems shall be equipped with an overflow alarm device' Vault systems in"tt O" designed to accommodate a minimum of 75 gallons of wastewater per person per day. lf a vault system is proposed or has been approved, the ApplicanUOperator must: a. Demonstrate that year-round vehicular access is available and maintained for safe Lnd regular access for sewage hauling vehicles. b. Provide a copy of the contract for hauling sewage' c. Maintain all sewage disposal records including but not limited to trip logs/reports and iandfill'receipts as public records, available to the county and/or any other interested third party upon request' d. lf the total waste production from a facility will be 2000 gallons per day or greater based on a production of 75 gallons of wastewater generation per person per day, then the facility shall be serviced by an ISDS. HauieO sewage and wastewater service shall not be permitted for any facility wnicfr will generate a total of 2000 gallons of wastewater and sewage Per daY. ii. lndividual Sewage Disposal System (ISDS): lf an ISDS is proposed or has been approied, then it snitt Ue designed, installed and operated to accommodate the maximum number of persons who will inhabit the Minor Facility and shall othenryise be operated in accordance with the Garfield county lsDS regulations as contained in Bocc Resolution Number f99t+l+1€&700&'- , r*s c.*rdd, (8) Enforcement: are subject to Section 12 and and the Procedures contained inA. Procedures: Molations of Section 5.02.22 Section L01.06 of this Zoning Resolution I this Section (8). Page20 6t312008 Elll l'tt Hr,ilul,l ll,!lll,[tt,ull,Li!N ti{{Hlllffi lll' I rl ll I Receot ionfr : 750194 06llsit?@@B 10:41:19 Alil Jean Albe4lco 1i' ;i' 26-d";-i;; ; 60. iai, ooi-Fee, o. o0 GnRFIELD couNrY c0 B. lnspection: The BOCC reserves the right to inspect any Minor Facility, including struc,tures and infrastructure and any other related improvements, and/or iequired documentation related to the Minor Facility, through its authorized representative(s), to determine if such are in compliance with this Zoning Resolution and, specifically, Section 5.02.02; the building code and fire code; and specific conditions of the Minor . Permit. Such authorized representative(s) may inspect ISDS systems under the County ISDS regulations (adopted by BOCC Resolution 1994H-136). Any official performing an inspection shall abide by all laws of search and seizure, as set iorth by federal and state statutory and constitutional provisions, in accessing the Minor Facility, the Permitted Site and the subject lot. Visits to a Minor Facility by a fire protecfion district or the Garfield County Sheriffs Office will be reported to the Director. C. Permit Revocation: All enforcement actions run with Minor Permits for individual Minor Facilities and are not applied to AWDP's. lf it is found, consistent with the procedure identified in Section 9.01.06, that the permitted Minor Facility was not installed in conformance with or is out of conformance with any of ine standards established in this Resolution, applicable building and/or fire codes or specific conditions of the Minor Permit, the Minor Permit may be suspended or revoked by the BOCC. The BOCC may also suspend or revoke the Minor Permit upon notice from a state or federal agency or a fire proteclion district that said agency or district has determined that the Minor Facility is out of compliance with that agency's or district's regulations. lf a Minor Permit is revoked, the previously permitted Minor Facility shall be immediately vacated and any installed structures and infrastructure shall be removed witnin the fourteen (14) calendar days following the date of revocation. Proof of removal shall be provided to the Building and Planning Department by 5:00 PM on the fourteenth (14) calendar day. Such_proof shall be in the form of photo documentation signed and dated by the Compliance Officer. D. Effect of a Revoked Permit: A revoked Minor Permit shall not be renewed, and a request for approval of a Minor Facility at the same location shall be processed as a new application. E. Liability: Owner of the subject lot and the Operator of the Minor Facility are each individually responsible for compliance with the regulations contained in this Zoning Resolution and, specifically, Section 5.02.22. F. Three (3) Revoked Permits: Upon revocation of three (3) Minor Permits, the Building and Planning Director shall refer the fourth (4b) and all future_Minor Permit Lpplications by the offending Operator to the BOCC. The BOCC shall review such applications as a request for a Special Use Permit, in accordance with the Major Facility regulations contained in Section 5.02.21 of this Zoning Resolution. G. The offending Operator may be allowed to submit future applications for Minor Permits for review and approval by the administrative process Pase2l 61312008 IilI fftI Hfi IULIIL HIl':[tlI,HIl,h{liLtiltH4ill+t lt{'I ] ll I . Reception$: 750194 0611@l2O@A 1@:41:19 Afl Jean Alberico22 of 28 Rec Fee:$0.0@ Doc Fee:@.@@ GARFIELD COUNTY C0 contained in Seclion 5.02.22, rather than review in accordance with the Special Use Permit process contained in Section 5.02.21, upon the written request of the Operator and only at the BOCC's sole discretion. The use, "Minor Temporary Employee Housing Facility (Subject to review and approval Per procedure and requirements of Section 5.02.22)" shall be added as a use by right in the 3.01 Nl,3.O2 A/RyRD, 3.03 RLSD, 3.04 RLUD, 3.05 RGSD, 3.06 RGUQ, 3.07 CL, 3.08 CG, 3.09 os,3.10 RL,3.11 R/MH/G/UD,3.12 LI,3.13 PA,3.14 DWC,3.15 CDWC Section 5.02.23 - SmallTemporarv Emplovee Housino Facilities (Small Facilitv(ies)) (1) Small Facilities, in of Factory-Built Nonresidential Structures [as defined under c.R.s.24-32.but NOT recreational vehicles [as defined under C.R.S. 42-1-102 (61), including truck traclor, motor home or camPer trailer], may be utilized for housing of workers on projects related to commercial, industrial, mineral extraction or highway operations, pursuant to the standards for Small Facilities contained in sub- section (2), below. Such facilities are not subject to Garfield County Building Code, in accordance with resolution 2004-10, as amended. However, Small Facilities are subject to all pertinent state (e.g. electrical permits), federal permits and to the lntemational Fire Code (lFC), if located within the tenitorial limits of a fire protection districl, in accordance with Resolution 2005-1, as amended. Small Facilities located outside of an organized fire protection district are exempt from the lFC, in accordance with Resolution 2005-1, as amended. Small Facilities shall have all of the following basic characteristics: A. The Small Facility and any associated infrastructure must be completely contained within a state or federally permitted parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); and, B. The Small Facility is located at the Permitted Site for less than a cumulative of one (1) year and at the end of the utilization period, all structures, foundations and associated infrastructure are completely removed; and, C. The Small Facility shall have a cumulative occupancy of eight (8) or fewer people within a Permitted Site who are employees, contractors or sub- contractors of the operator of the small facility and are needed for onsite safety of the related commercial, industrial, extraction or highway operation. Temporary employee housing facilities that do not have the three characteristics listed above, or consist wholly or in part of Recreational Vehicles as defined above, are subject to the administrative permit requirements or the special use review process, standards and requirements contained in Section 5.02.21 (Major Permit) or 5.02.22 (Minor Permit) and the enforcement provisions contained Page22 61312008 I I I I ff[ H [i I Bl, I I l, llt, ll1, lt l, I + lE Hr ri Hij !l+ I lll, I I I I I I . Reception#'. 750194 @611@12@@8 1@:41:19 All Jean nlberico23 ol 28 Rec Fee:$@.O@ Doc Fee:0.00 GARFIELD COUNTY C0 F. Site Plan: the therein, and in Section 9.01.06. Enforcement of this Section 5.02.23 shall be in accordance with Section 1.2 of this Resolution. /tk-[t (2) Submittal requirements f/r Small Facilities. Prior to submittal of any forms to the Planning Department, th6 Operator shall submit all below documents to the relevant fire protection district(s) and the Garfield County Sheriffs Office. All forms shall be accurately completed, signed, dated and submitted to the Garfield County Planning Department within 48 hours following occupation of the Small Facility. The following items shall be submitted to the aforementioned districts and/or offices prior to but no later than 48 hours following occupation of the Small Facility to the Planning Department: A. A form, provided by the Planning Department, indicating the anticipated dates of installation and removal of the Small Facility and a representation of the total cumulative length of tim'e (number of days) that the.$mall Facility will be insta[ed at the proposed tocation. jW B. A form, provided by the Planning Departmenl, irSdaling the name, title, address, phone number and email address of thehperatofs employee or other authorized representative who is in charge of ensuring that the Small Facility is in compliance with the standards outlined in Section ,5:W23 ('Opeiatois Compiiance fficer") 1W tly' C. A form, provided by the Planning Department and signed by thd0perato/s Compliance Officer, indicating that the Small Facility will be installed in accordance with all applicable Garfield County, relevant fire district, state and federal regulations. D. The identification number of the permit from the state or federal agency regulating the Permitted Site and ensuring reclamation and revegetation of the Small Facility once the state or federal permit for the Permitted Site has expired or is othenrvise terminated. 7t'ff E. A form, provided by the Planning Department, verifying that thldperator has obtained a certification inspection conducted by a third-party Professional Engineer Licensed in the State of Colorado. The certification shall verify that at the time of inspection the identified Small Facility meets or exceeds the standards set forth in Section 5.02.23(3) of the Garfield County Zoning Resolution of 1978, as amended. - fi*ts.ut Qa'-'frr an'ade{uate lite plan, consistent with i. A vicinity map indicating the section, township, and range of the subject lot and the location of Small Facility within the subject lot and the Permitted Site; general relation to sunounding public roads, private roads, adjacent utility systems, residential development, other actively permitted Small, Minor and Major Facilities, natural drainage @urses and municipalities within one (1) mile of the proposed Small Facility; north anow and scale; GPS coordinates Page23 6t3t2008 llll lffi ltl:lul,]il,Hr,Hil,llil,lll':lltflls'ltrl tll,l ll ll I Receot ion* : 75O194 0611?it20@a 1@:41 :19 All Jean Alberico1l oi Ze Rec Fee:$0.@0 Doc Fee:0.00 GnRFIELD CoUNTY C0 and cunent surface ownership of the subject lot. The vicinity map shall be presented on a usGS 7.5 minute series quadrangle at a Scale of 1"=2000' or equivalent, with a topography depicied at a minimum of 40' intervals. ilt. surveyed layout of the proposed small Facility within the surveyed ::XT::,""'#"i:5#P1ir$ffi ;"eB'iilWsttofl i5#Jt&,''3i,'L,rt:* all other associated infrastructure and all other equipment located lfili,U. within the Permitted Site. {a^4/ r "J.l ldentiflcation of the private and public roadways accessing each Small Facility. Roadways shall be marked as open, gated, and/or locked (include combinations). Detailed directions, with mileage, shall be given frorir the nearest town within Garfield County, nearest Garfield -County Sheriffs Ofilce dispatch location and responsible fire district headquarters to each Small Facility, along each roadway. emergency response, fire protection districts, Garfield County Sheriffs Ofiice, Life/Care Flight, and applicable regulatory agencies; site safety/evacuation plan; and any other written response plan for potential emergencies at the Permitted Site. vi. ldentification of the anticipated dates of installation and removal of the Small Facility. The site plan shall include a notation of the total cumulative length of time (number of days) that the Small Facility will be installed at the Permitted Site. (3) Standards for Small Facilities: The Small Facility shall demonstrate and certity compliance with the following standards: A. Small Facility shall comply with all applicable federal, state and local laws and regulations. B. The Small Facility shall NOT contain Section (1) of 5.02.23. recreational vehicles as defined in 7 C. ln no case shall unsafe water be used for drinking nor shall r9l sewage or contaminated water be discharged on the ground surface. The@erator shall v. Name, address and phone number, including a 2*hourfr'.'Itg"nty response number of at least two persons responsible foFOperato/s emergency field operations; contact numbers for local hospitals, conduct monthly tests (or qqa@if\an on-site disinfection system is installed) and maintain recordfuf storcdlotable water samples specific for coli form bacteria. Any tests intieatingacoli form contamination must be iv.Name, address and phone number of surface owner of the subject lot. Page24 6t312008 !|ll"& |,"l^rJl El [t1,11 i,ttlt,I{ t,H rH f !{t'lt+t llt, I II II I 28' l?' 7g'R"!';31 ; l3 3U oi8"F"ll BiEd"Bnn, rEr_o couNry co disclosed to the Garfield County Board of Health or designee within 72 hours from the time the contaminated water was tested D. Each Small Facility shall be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials thal must be stored at the Small Facility for operational or security reasons mustbe managed in accordance with all applicable fed.eral, state and local laws and regulations. E. At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each Factory Built Non-Residential Structure unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids.flF. Refuse shall be disposed or weekry, at a minim ur?op.r"tors must keep appropriate records, to be provided to the County or any interested third party upon request, to demonstrate that refuse is collected in a timely fashion and disposed of at a licensed facility. G. Outdoor food storage is prohibited. H. Factory Built Non-Residential Structures equipped by the manufacturer with afire sprinkler system, fire deteclion system, and/oi alarm system shall be inspected, tested, and maintained in accordance with the requirements of the relevant fire protection district(s) and the colorado Division of Housing. l. Single-station carbon monoxide alarms shall be placed in each Factory Built Non-Residential Structure. J. One (1) or more approved fire extinguisher(s) of a type suitable for flammableliquids, combustible materials and erectrical fires (class ABc), or dry chemical, shall be located in each Factory Built Non-Residential-Structure and placed in accordance with applicable fire protection district and/or Colorado Division of Housing codes. K. Domestic animals are prohibited at allsmall Facilities. L. A w_ater storage tank is required to provide water to the sprinkler system (if applicable) and initial suppression activities. The size of the water tink shallbe determined based on sprinkler calculations and initial suppression demands. The relevant fire protection district shall be responsible for determining the size of the water storage tank. lf the Small Facility is notwithin a fire protection district, the;,operator shall provide at teait zsoo gallons of water dedicated to initial fi/e suppression which is accessible with adrvB' ecK M. Th&perator shall document all emergency situations requiring action by anygovernment agency or fire protection district, in writing, and -such documentation shall be presented to the Planning Departmlnt within 24 hours of the occurence. Page25 613t2008 I_l I I ti"L /l I I U]L[ I l, !t {': hl, l{l l, H [? l# I ltil I,l{,! lll, [ ] I I IReception#: 75O194 @611@/2@@A 1@:41:19 Afl Jean Alberico25 or 28 Rec Fee:g@.00 D;-Fd;o:bA'6nRrtelo couNTy co information of the OPerato/s S. Wastewater Disposal: N. o. i. Vault System: All vault systems are required to obtain an ISDS Permit from Garfield County and shall be designed and installed to accommodate the maximum number of persons (eight or less individuals) who will inhabit the Small Facility. ln addition, all vault systems shall be equipped with an ovefflow alarm device. Vault systems shall be designed to accommodate a minimum of 75 gallons of wastewater per person per P. Alt required Access Permits shall be obtained from the Garfield County.Road and Biidge Department or the Colorado Department of Transportation. The Garfield County Sheriffs Office and relevant fire protection district(s) shall be notified and provided with all documentation as outlined in Section 5.02.29 (2), above, within 48 hours following o.ccupation of each Small Facility. in'addition, the Garfield County Sheriffs ffice and relevant fire prote;ion district(s) shall be notified either by hard-copy or electronically within 48 hours following removal of all Small Facilities. The Planning Department shall be copied on all such notification, whether hard copy or electronic. mffitor shall maintain records identifying workers, whether employees, contractors or sub-contractois, and document the dates that each worker is housed at the Small Facility. Such records shall be provided to the County or any additionalthird party upon request. 4Hla. ThCd-peritor shall obtain a certification inspection conducted by a third-party professional Engineer Licensed in the State of Colorado. The certification shall verify that it the time of inspection the identified Small Facility meets or exceeds ihe standards set forth in Section 5.02.23 of the Garfield County Zoning Resolution of 1978, as amended. This certification shall be on forms providld by the Garfield County Planning Department. The certiflcation shall be provided to the Garfield County Planning Department within 48 hours following oggupation of the Small Facility' R. Th#;.pffior shall accurately complete all required forms provided !V ltre Garfield County Planning Department identifying the location of the facility (Seclion/Townihip/Range, relevant Tax Parcel Number' and GPS coordinates or Latitude/Longitude coordinates); relevant zone district; maximum number of occupants; cumulative amount of time (in days) that the Small Facility will be at the specified location; identification of the State or Federal permitting agency overseeing reclamation, rehabilitation and revegetation of thl Permitted Site and relevant permit numbeq date of installation; date of removal; name and contact information of the landowner; name and contact information of the Operator's Compliance Officer; Z4'hour emergency contact information for manufacture year, serial number, ; building information (make, (square feet)); signature and contact Officer. Page26 6t312008 I lll lh u fi I Hl, l, I i, ufi , ltfi , li! i,l *r !{ /: H[ | lt[. lll, I ] I I I Reception#:750194 OBll@12@@A 10:41 :19 Al'l Jean Alberico27 of 28 Rec Fee:lS@.O@ Doc Fee:@.@@ GRRFIELD COUNTY CO ,nff*, a. Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. b. Maintain all sewage disposal records including but not limited to trip logs/reports and landfill receipts as public records, available to the County and/or any other interested third party upon request' ii. lndividual Sewage Disposal System (ISDS): lf an ISDS is proposed, thgn it shall be deiigned, installed and operated to accommodate the maximum numbei of persons who will inhabit the Small Facility (eight or less individuals) and shall otherwise be permitted and operated in accordance with the Ga'rfield County ISDS regulations as contained in BOCC Resolution Number *}}HJ4IF?Q?_L,aS The use, "Small Temporary Employee Housing Facility in compliance with Section S.OZ.Z3" will be added as a use by right in the 3.01 A/1, 3.02 A/RyRD, 3.03 RLSD, 3.04 RLUD,3.O5 RGSD,3.06 RGUD, g.OZ CT,3.O8 CG,3.O9 OS,3.1O RL,3.11 RYMH/G/UD, 3.12L1,3.13 PA, 3.14 DWC, 3.15 CDWC day. lf a vault system is proposed or has been approved, must: aa*U, Definitions: 2.02.512 Temporary Emplovee Housinq Facilitv(ie=sI -ZttJ?'t3?z(q)The use, during times of housiqfl shortage, of Factory Built Nonresidential Structures [as defined under C.n.S. UW*Lnd Res-olution #35 of the Golorado State Housing Boardl and/or recreational vehEi5s [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposesl, with the exception that Small Facilities shall not include recreational vehicles per Section S.OZ:23 as removable housing, utilized for a period of time not longer than on" y"ri (with exception to (3), below), for workers who are engaged in a commercial, induslrial, mineral extraction or highway operation and who are needed onsite for the proper execution and safety of the related operation, including: 1. Small Facilities are occupied by a cumulative of eight (8) or fewer people at any given time on a "Permitted Site', as defined in section 2.02.421; Z. Minor Facilities are occupied by a cumulative of nine (9) to twenty-four (24) people at any given time on a'Permitted Site', as defined in section 2.02.421; 3. frli;or Facilities are occupied by a cumulative of twenty-five (25) or more people within a 'permitted Site" at any given time; or which have a cumulative occupancy of twenty-four (24) or less, but are Lnlirely or not wholly located on a "Permitted Site"; or which are ptanneO to be utilized for a period of time longer than one-yeafi or otherwise meet the requirements of Section 5.02.21. Page27 6t312008 ' ril [ ih H[ilHl,l I l,Hl!:ltt,[l!1,l+lEltltlft,]lHl lll' I ll ll I -Receotion* i 750194 gZ * lgde"yt3l.iB BU o3:'F.318:64'3n*rt..o couNrY co such facilities are either a use-by-right to a property or are subjecl to land. use approval by means of either an administrative process or a'public hearing pro@Ss, under-the circumstances' standards and requirements contained in Seciions 5.05.21; 5.02.22, or 5.02.23 of this Zoning Resolution' 'n "o Pe'* */".Li::.:::trit"kt"-h The individual or entiVEli6n.iur. fbr instailation, hook-up, operation and removal of Factory r5 Building Nonresidentiat struaures and/or recreational vehicles and all associated infrastructure used in a Small, Minor or Major Temporary Employee Housing Facility as defined in Section fl4r62.02.512. tt-,,{ 2.02.421 Permitted Site: A parcel of land, generally a portion of a lot, 'as defined in section 2.02.32, designated for a commercial, industrial, mineral extraction or highway operation for which a federal or state p"-it is issued. To meet the definition of 'PermTtted bite;, such perm'rt must grant the approval of the appropriate state or federal agency for the commercial, industrial, extraction or highway activity(ies) and must require the provision of security for the reclamation (including revegetation) of the site. Page28 61312008