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HomeMy WebLinkAbout3.0 Staff Report BOCC 11.19.07BOCC Exhibits (IU 19t2007) A Garfield County Toning Regulations of 1978, as amended (the Zoning Code) B Staff Memorandum C Application D Resolution 2006-108 Amending Section 5.02.21 - 11-13-20A7 E Recently adopted Rio Blanco County Temporary Living Quarter regulations and related materials, dated 6-25 -2007 F Colorado Department of Public Health and Environment, Water Quality Control Division, Primary Drinking Water Regulations (Amended January 19, 2005), Section 1.2 G Letter and Presentation from Doug Dennison of Cordilleran Compliance dated 1i- s-2007 H Section 5.02.23, Small Temporary Employee Housing facility - dared 1l-8-2007 I section 5.02.22, Minor Temporary Employee Housing facility - dated l1-8-2007 J Section 5.02.2I, Major Temporary Employee Housing facility - dated lI-8-2007 K Proof of Publication ) a.bt'to37 O"l J7,=.F ,pr?r.-,ot rk'Z-s'4 Gan > C.o*Y -fup+, f kf ( u" a"tetaa;) L.,r, 2 C"'z'to{ ^<-"p'rr frbn (Po o'te'*c) v ,, ;:'/uuJ'-.tu Ftr Ya z@Y J :;i'Y-tr';7?' *-'c rrtr ua{'t/ n -,/ .ffi::;;"- up4d,'zr '"Ptsg Q*ftruie: /-/-'7,*{^"-d{v, k F€L' ?,/ &o,4 u,'fl =tW .gxhibit ':fu+x zl REQUEST: APPLICANT (OWNERS): REPRESENTATIVE: BOCC 11/19t2007 DP PROJECT INFORMATION AND STAFF COMMENTS Amend the text of Section 5.02.21, 5.02.22 and 5.02.23 of the Zoning Resolution of 1978, as amended regarding "Temporary Employee Housing" Board of County Commissioners, Garfield County Garfield County Planning Department I. BACKGROUND On November 1 3, 2006, the Board of County Commissioners directed staff to draft an administrative process for permitting facilities to house those individuals deemed as "essential personnel" on oil and gas extraction locations. This direction is based on an interpretation from the Colorado Attorney General's office that the Colorado Oil and Gas Conservation Commission (COGCC) does not regulate housing located on well pads. Since GarJield County employs exclusionary zoning, unless Garfield County adopts regulations addressing this kind of housing in some fashion, it is in effect a prohibited land use. At this point, any housing that is located on well pads is illegal unless it has been issued a Special Use Permit under Section 5.02.21 or the facility houses four or less employees, contractors or subcontractors. The context of this direction from the BOCC to Planning Staff is underscored by a November 2006 amendment by Williams Production RMT which changed Section 5.02.21 (See Exhibit D) to accommodate manufactured homes and recreational vehicles for use as temporary employee housing (Resolution 2006-108). The revision of Section 5.02.21 was effective in all zoning districts and includes provisions for temporary employee housing by resource extraction industries. This Special Use Permit process requires at least one public hearing with the Board of County Commissioners and typically takes 60 - 90 days of review from the date of Technical Compliance. Since November 2006 and at the direction of the BOCC, County Staff has worked with industry representatives, interested public and relevant government officials to establish regulations that accommodate a timelier and less staff intensive process for "essential personnel" facilities on oil and gas extraction locations, The following milestones have been observed to date: March 14,2007 - Planning Commission recommends revocation of the "Oxy Amendment" May 3,2007 allowing "Camper Parks For The Purpose Of Providing Temporary Quarters to Employees and Contractor of the Energy Extraction lndustries" in the RL Zone District. - Temporary Employee Housing regulation overview presented to the Energy Advisory Board (EAB). May 7,2007 - BOCC revokes "Oxy Amendment". May 9,2007 - First Staff Draft Presented to the Planning Commission. August 8,2007 - Second Staff Draft Presented to the Planning Commission. August 22,2007 - Staff holds public meeting for all interested public to discuss options presented to the PC to date and new options. September 12,2007 - Third Staff Draft Presented to the Planning Commission. Planning Commission recommends approval by a vote of 4 to 0 (See Exhibits H, l, J). tr/9t2007 - 1 - There are numerous degrees to which Garfield County can regulate the housing on well pads from a straight "Use by Right" with no pedormance standards to the regulations as recommended by the Planning Commission. ln reality, Garfield County has the authorityto regulate Temporary Employee Housing facilities from a straight "Use by Right" to outright prohibition. GarJield County Staff and Planning Commission are recommending regulations that are closest to the "Use by Righf'scenario and are very light on regulation. This course of action is, however, closest in line with Garfield County's past history in regulating the oil and gas industry, particularly when it comes to the placement, impact fees and operation of oil and gas well pads themselves. Fufther, by requiring the oil and gas industry to obtain land use permits and building permits for Temporary Employee Housing facilities (aka "man-camps"), the industry is in fact being forced to abide by the same standards which other industries operating in Garfield County have to meet and thus, the oil and gas industry is not being required to do anything extra, but simply live up to the business and operating standards already established in Gadield County. ln addition, as our current Zoning Resolution is not written in an industry specific manor, Staff and the Planning Commission do not recommend and has not drafted regulations which are specific to the oil and gas industry. Specifically, Staff's focus as well as the Planning Commission has been on the best way to mitigate the impacts created by this kind of temporary development. Specifically, Staff and the Planning Commission have focused, but have not been limited to the following list of impacts: - Water and surface contamination from wastewater and sewage; - lnfectious disease transmission from exposure to raw sewage andior contaminated drinking water; - Wildlife and habitat protection; - Soil erosion and the spread of noxious weeds; - Wildfire protection and prevention; - Vehicle and access safety; - Safety of occupants within permitted buildings and structures; - lnsurance that fire and emergency response personnel can locate and find facilities; - lncreased 'Tootprint" of structures and roads in the backcountry. Following the September 12,2007 Planning Commission meeting, Planning Staff and the Planning Commission are recommending a three level permitting system based on location, duration of time at location, review agency, and maximum occupancy of the Temporary Employee Housing facility. An outline of these levels is as follows: tr/9/2007 .\ Tamporary Emplo)r6G Hou$ing es RecommendBd by plrnning Commission Board ol County Commissioner lleeting - Novamber fS, A007 Outline of Proposed Scction 5.02.21. 5.G2"?e. and 5.02.29 Maior Temporary Employee Houring Section 5.02.21 Minor Tomporary Employoe Housing Ssctlon 5.0222 Small Temporary Employee Housing Sgction 5,02,23 LocEtion Any Zone Distdct On or On slale t}r federolly psrmitisd she Any Zone Dstricl Completely conlaiied v!,ith1n a state or lodarally pormitt€d site in.which rBciamation and revegetation are secured wilh the permrt ing sgency. An!,Zofte District Completely contained within a stalo or rodGrally p6rmrtt6d site In which reclamation snd revegetatron are securGd with the pemilting agancy. Definltion of "Temporary" Over one yoar wilit annual rgrriew lf vault-anc,*naul wasiowator is proposad lh6n limited to one year Limiled to ona year Limit6c, io one yaar fi evie#lssulng Department Special Us6 Permil Bsvier,^led by Planning Department Permit lssued by BOCC A&ninistraliv6 Ponnil Beviawed by Planring Depailnent Perm,t tssu€d try Planning Direclor Use by Righl - w/ Porf. Stand. Sevisw€d by Building D€panmefit No Land Use Permit lssusd - Compliance u,i Standards demonstrated at Euilding Psrmit Occupancy Limitations 25+ Beds 7-24 B6ds 1 "1 3 B€ds with !i Occupancy Next StBps lmplementaton lmplernentalion Amend Buiidrng Code trc Require RV's lo Obtarn Building Permit Several points are wonh noting as background to this outlined recommendation: 1. The maximum occupancy for the Small Temporary Employee Housing Facility is aimed at limiting the number of people permitted as a Use-by-Right to 6 individuals at any one time. Following discussions with oil and gas industry representatives, Staff and the planning Commission understand that their personnel hold alternating two week shifts. Since creri members typically do not rotate beds, to accommodate a constant crew of six individuals, the facilities need to accommodate up to twelve beds. The resulting compromise is the permission of up to 12 beds as a Use-by Right with the maximum occupancy of those beds limited to% (up to 6 beds) occupied at any one time. 2. A constant discussion point throughout the negotiations to developing these regulations has been around increasing the occupancy limits for each of the three tiers. lt is Staff's opinion that increasing the occupancy limits would undermine the intent of the regulations in terms of impacts to neighboring property owners, pafticularly in the more populous zone districts. Although Staff understands and appreciates the reasons that the oil and gas industry representatives have presented for raising the limits, the changing of shifts foia two week period of time is primarily related to the oil and gas industry (and possibly just a few companies within the oil and gas industry) and hence is not appropriate reasonlng for a non-industry specific regulation. ln addition, although the 1-6 ('1-12 beds), 7-24 and 2b+ occupancy limit; may seem (or in some respects may be) arbitrary, Staff feels that these limits represent 1t/9/2007 -3- appropriate breaking points based on the expected impacts of the relevant occupancy to the level of review. lt is important to note, however, that there is no hard science to determine where a population will create impacts that become problematic, but it is an issue of relative perception. Based on this analysis and reasoning, less review is appropriate in zone districts which are more sparsely populated. As a result, a compromise position may be only increasing the limits for review within the Resource Lands (RL) zone district (or within the RL zone district sub-categories), where most of the drilling activity is taking place and which has a very low density of residential dwelling units. This compromise position was presented to the planning Commission on September 12. At this meeting the Planning Commission generally felt thal increasing density in the remote portions of the RL Zone District is not afpropriaie due to increased impacts on the environment of those remote locations, 3. Due to a recent interpretation of the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division, Primary Drinking Water Regulations, it is the understanding of County Staff , based on conversations with the Garfield County Public Health Depaftment and CDPHE Staff, that most likely all of the Temporary Employee Housing facilities will not be required to obtain a state permit as a community water supply. Du-e to this interpretation, oil and gas industry representatives have pointed to the othenruise arbitrary nature of the 25 bed cut-off between the draft Minor and Major Temporary Employee Housing regulations. However, see number 4, below, for further commentary. 4. Following discussions with CDPHE and the Garfield County Public Health Department, it has become evident that the operator of a Temporary Employee Housing facility which incorporates vault-and-haul wastewater disposal will not need to obtain a state ISDS permit when the facilig produces 2000 gallons of wastewater per day. However, Staff believes that this is a tried and true breaking point to push an operator into the state permitting requirements. The staff and Planning Commission proposed Sections 5.02.21 , 5.02.22 and 5.02.23 require an operator to use an ISDS when the facility creates 2000 gallons or more of wastewater per day. Since the Temporary Employee Housing facilities are to be occupied 24 hours per day, 7 days per week and many of the proposed housing facilities have laundry and dining servicei, Staff has interpreted the wastewater production to be most similar to a single famity residential unit per the Colorado State Board of Health, Guidelines on lndividual Sewage Disposal Systems. As such, Staff suggests using a standard rate of 75 gallons per person per day of wastewater production. Based on this rate of production, a Temporary Employee Housing facility will need to obtain a Site Approval and Discharge Permit from the Colorado Department of Health at a capacity of 26.66tndividufls. Hence, Staff views the breaking point of 25 personnel (counted in beds) as reasonable based on State wastewater permitting standards. ln addition, the draft regulations require that at the point a facility reaches 2000 gallons of wastewater production per day, the facility must be served by an ISDS and not a vault-and-haul scenario. 5' Although the Small Temporary Employee Housing Facility (STEHF) is a Use-by Right scenario for up to 12 beds wilhVz occupancy, there are Pedormance Standards associat-ed witn tnis property right. ln other words, even though there is no land use permit issued, the standards by which these facilities must abide by to remain a Use-by-Right are checked at the Building Permit stage. This situation is similar to that currently in used for all Uses-by-Right within the Light lndustrial Zone District. The primary difference between a straight Use-by-Right and what is proposed, is that there are performance standards which must be met for the use to remain a right to the property. lf these standards are not met, the use becomes a zoning violation. ln addition, the proposed Section 5.02.23 requires additionalinformation which musibe submitted along with the Building Permit. This additional information includes notification and submittals to the relevant fire protection district and Sherriff's Office. An issue with this scenario is that tL/9t2007 -4- recreational vehicles do not require a building permit under our current Building Code. This leaves a loop-hole of sorts in the STEHF regulations when it comes to checking that the pedormance standards have been met, ln orderto insure compliance with these standards and submittal requirements, the proposed Section 5.02.23 will require a subsequent amendment to the building code to require all recreationalvehicles used as Temporary Employee Housing to obtain building permits. This is necessary so that it can be verified that all notification, performance standards and submittal requirements have been or can practically be met. The Planning Commission is recommending that the Building Code be subsequently modified to correct this loop-hole, however, upon further contemplation on this point by Staff, it has become evident that another path may be necessary to resolve this issue. This issue will be discussed later in this Staff Repoft. Early in the process of establishing regulations to accommodate "essential personnel" as an administrative permit, it was the desire of the Planning Commission to create regulations which encouraged "self-regulation" through "heavy'' fines and unnoticed inspections. The County fltgryy's Office (CAO) has reviewed State statutes regarding zoning violations and relayed to th6 B&P Department the determination that GarJield County: 1 . Cannot impose a fine without a Court Order; and the fine cannot be greaterthan the $100.00 per 9ay (District Court) or $500.00 - $1,000.00 per day (County Court) fine set by statute. Essentially, the Couft, not the County, fines the violator; and, 2. Cannot, under its land use authority, inspect a site without notice and/or the consent of the land owner and, probably, the operator of the Minor Facility. The County mav be able to engage in "warrantless administrative searches", without notice, under County iSDS regulations inO tne State ISDS statute, if certain language is included in that set of regulations and in the application and/or the permit. Whether acting under its land use, public health or general police power authority, however, the County and its representativesiofficials must abide by federal and state Fourth Amendment Search and Seizure law. Thus, the County's ability to enforce "self-regulation" by using unannounced inspections or imposition of fines, of any amount, is limited. Despite this interpretation from the CAO, per Staff has stayed the course of creating an environment of "self-regulation" even though the reality is that the county has little ability to enforce the proposed "light" set of regulations. More specifically, the following chart outlines the process and requirements of each permitting tier: Lt/9/2001 -5- l Temporary Employe€ Housing aB necom Board ot Counly Co{hmisaioneB - Nouember 19, ?OOz (Section 5.02.21, Saciion S.OZ.Z2, and Soction 5.qA.23) Planning Commission tlecommendation (Septembcr 12- 2OO7) Stafl PrDposed Changes to Plsr!nlng Commis$ion Becomm€ndalion (For'11^9/2007 BoCC) Adopted Rio Blanco Begutrlions (July 2s. 2@7) Procsss 1. Use 8y Flioht e;rh P;*drnstG StandBrds - '1. 1 2 Eeds wilh 50ii occupancy Umit (Seclion s-02.23) 2- Admirilslietiv* Permit - l-2..4 Beds with 1 Ul?L Occupancy (Section 5.02.22) 3. SUP - 25 or mor6 B€ds wilh 'l 00o; Ossupaftcy {Sechon 5.02.2r) 'I Use By Right trth PerJomance Slardards - 1-12 liods wilh 50ii Occuparpy Limit tseclion 5.02.23i RV's must obtain Administrative Pglmlt ?. )ddmfiistraliva Formlt - 7-2.1 B6ds wtlh 100% occupancy (seclion 5.0?.221 3. SUP - 25 or more Beds witl' 100o/ro Occupancy (Section 5,02.2 I ) 1 "Temporarv Use Pemil'- Srrall on-Stte Quartsrs - 25 or lsss individuals ai s work localion 2. "Sp0ciol Use Permit- - Small C€nlral l-ocaliffi QffirteF , Up to 50 w,(ers nol m mrk tmation - Publtc Hearrng 3. "Spocia! Us€ P€rmit" - Large Cenllal Locatim Quarters - 50 or more rcrkers nol on work location * Public l{eattrro Procesing Tim€line t . Usa ey-i{igt*---oepanttiiif 6ii Buildrng Permrl 2. A&ninislr€livs Peilnit - Up to 45 days 3. SUP * 00 to 0O days l. Use 8y Rigtr - Dspendant 0n 6uilding Pemit ?. AdrniflistralivB pBnnil - Up to 45 days (Eliminate AWOP Option) 3. SUP * 60 lo 90 days 1 . ''femFDrary trse Permit' " No 'limeline Speri{ied - Anthmtod to be 2 we6ks. 2. .Speaial Use P6rmit" - No'l imglins Specilied 3. "Special Use Pemit'" NoImeline Smcilierl Saviewllssuing Deprrlmsnt l. Use By Hjgh! - Bevi6w: Building Dept.. Permit Buildins [.repaslmefil 2. Adrninislrative Permil * Bevievr: Planning Depl,, Pemrit: Pianning DepL 3. SL,P -. Faview: Planning Dopl-, Fermir BOCC 1. Use By Right - Baview: Build;no Oepl-. Permit: Building Department ? Adnunistratrw liennil - Beview: Planning Oept., Pemit: PiBnning Depl, 3. SUP - Review: Pbnning DopL, Forilt: BOCC 1. *Iemrrorary Use Pemit". Fhnning Departmanl ?. "Special Use Pemit" Plarlriing Dgpartnrenl 3. .Special Use Permil'- nanr,ing Depadment Fublic Nolice 1. Ljse By Bioht - i'lsne 2. Administrative Pemil - Withn 200' fronr Subjeci Prop (Ca,r be acc(rnrrished as pan ol AWBP) 3 SUP *vlithin 200'frm $uhiec.l ProD. 1. Use By Right - Nons 2. Administrative Pgrnit - Within 200' hom Psmlt Sile in EL, frffi Subiect Prop ln all olhar zons distrlcts. 3. SIJP - Vrithin 2OO' 1. "lempoxary Use Permil,. None 2. 'Special Use Pemit' . l.lone 3 "Special t.is€ Psmit'" Nono Fleierrsls 1. Use By Right - N,Jle 2. Adminislrative Permit - SiSh Off Flequirmenls for 6heri'l{, Fir€. Building Prior io Subminal ot Applicatior,. tcan bs accomplished as pad of AWDP] 3. SUP - Al the discrelion o{ lhe 1. Use By Biltht - None 2. AdministrativE Parmit - Sign Orl Requirement8 lar Sherift, Firo. Building F,rior to Submital ol Application. 3. SUP * At lhe discrelion p{ tiu Planning Departn:ent 1- "TemporRry Use Psmit" - NorB 2. 'Sfrrcial Uso Poilnil'- l{ Found NBcesasry 3. "Spacisl Uss Pemif - ll Found No6essary Appeafcallup Proyisions 1. UsB By Righl - Non6 2. Admhistrative Pemit - 14 Day Appeal Pcnod - Afidimn1, Abutling Propert!, Omer or BOCC (Can he accornplishad I part ol AWoP) 3. SUP - At the d,s$€tion o, lhe l. U6e By Figm - None 2. Adminisfatiue Permit-. 14 Day App€al Perlod - Applicanl, Abuiing Prcperty Owmr o, BOCG Al ths discretnn of th63, $UP - BOCC Use Known 2. 'Spacisl Use Pemil'. None Krcm 3. "Special Use Permlf'. Nons Known None Enforcsment 1. l"lse By Righl * Fines Bnd enlorcdnent in aocOrdaoca y,ittl state law and Toning B&solution 2. Adminislrative P6mit - Fines in accordamo silh stale la!,l and Zoning RBsokjtiofi - B*vocdlion of Perrnit {or inciderrs o{ Nonconionnanae - l, p€rmit revoked. elte mu$l bB vacal0d withirl 10 busincas days - 4t' revoked F€rmil relieves Operalor trom enjoying the Administrarrye Peffiit process in lh€ tuture. 5. SUP - Fines and en{orcemer( in accordarce wlth state layl and Zorling Bsolution. revocat le Dorrnlt 1. Use By flighl - Fine6 afld €nfcrcsnrsnl in trcordanca wilh slate lav/ anrj Zoning Besohrtion 2. Adminlstraliys Permil - ,xines in accordancB wlth slato law and Zoning Bosol[ilion - Flevocalron o{ Peflnit for inciderEe ol Nonconfomance - ll pemit rsvoked, siln trlust bs vacaitrl wiltrirl 10 husin*s days * 4"' revokod permit teliem Operalor lrom enioying lho Admini8lral,ve Fornlit process in th€ lulure. 3. SUP - Firies and eniorcement in accordanca *ith stalg law and Zoning Besrrutlon, revocable pennit 1. 'Tsrnporary Use P6mit" . Unnoticad Inspeclion6; Bomaton ot PermlL Psnalres as Psrmitted in Land Uss Resoiulion. 2. "Sp€cial Use Pormit" - R6yocation o, P6rmit; Penalties as Permitted in Land Use Rasolrrion. 3. "Specral Uss Pernil - Rcvocalron of Permii; Psrlalties as Peflnittsd ifl Lafld Use Resoiution. 11/9/2007 -6- Small Temporary Employee Housing Process: As stated previously, the Small Temporary Employee Housing process (STEH) in one where the STEH is a Use-by-Hight with Performance Standards and as long as the requirements of the Performance Standards are met as out lined within Section 5.02.23, the use remains a right to the property. The intension is that the Applicant obtains the necessary Building Permit forms from the Building Department, delivers the necessary information to the appropriate fire protection district and Gaffield County Sheritf's Office and returns the signed-off forms to the Building Depaftment with the Building Permit. Along with the appropriate sign-offs, the land owner / authorized applicant shall sign a form provided by the Building Department indicating that the Performance Standards and enforcement provisions are understood and will be abided by. As will be discussed later rn this Staff Repoft, since RV's are not required to obtain a Building Permit under the Garfield County Building Code, Staff recommends that all RV's, regardless of number be viewed as Minor Temporary Employee Housing and require an Administrative Permit. There are other options to address this issue, however, which will be discussed later. Minor Temporary Employee Housing Process: The administrative process is intended to be one where the Garfield County Planning Department is the final sign-off and is the issuing agency for the Minor Temporary Employee Housing facility permit. ln the anticipated process, the Applicant would obtain the application form and sign-off sheets from the Garfield County Planning Department, obtain the necessary signatures from the various agencies and deliver the completed application and signature sheets to the Planning Depaftment to be considered for a Minor Permit. This process will replace that of County Staff sending the application off to referral agencies after the application is submitted. This process will significantly reduce the overall amount of time it will take to process the application as well as reduce County Staff time reviewing the application. ln the end, the onus will be on the Applicant to perform the leg work for application feedback instead of relying on County resources. This has been done in the spirit of accommodating the desire of the industry to have an expedited permitting process. lf all deadlines as outlined in draft Section 5.02.22 are taken to their longest, this process could take up to 42 days. However, due to the checklist nature of this permit, it is anticipated that an administrative permit could be issued over the counter providing all information is correct and that Staff is available immediately to process the permit. A breakdown of the deadlines for the Administrative Permit is as follows: . 14 Calendar Day Max. for Technical Compliance. 14 Calendar Day Max. for Determination. 14 Calendar Day Appeal Period (can be done at time of AWDP approval) Maximum Processing Time: 6 Weeks for New Minor Permit Maximum Processing Time: 4 Weeks for AWDP Minor Permit ln addition to the reduced reterral time for a Minor Permit, the Planning Commission is suggesting an Area Wide Development Plan (AWDP) option in which an Operator can complete the public notice, sign-offs and appeal period for an unspecified operation time and for an unspecified number of Minor Facilities. What this means, is that at the time the Applicant wants to obtain a Minor Permit for a Minor Facility which was previously approved under the AWDP, all that would need to be accomplished is final sign-off of the building permit and issuance of the Minor Permit itself (This is similar in concept to the process EnCana went through to permit 31 Temporary Employee Housing facilities in July, 2007, only the AWDP would have allowed EnCana to obtain one blanket building permit for all 31 camps following approval and no public hearing would have been required), rU9/2007 -7 - However, at the request of the oil and gas industry, a third tier, the Small Temporary Employee Housing Facility, has come to fruition. As the AWDP was intended to act as a mechanism to speed the permitting process along and encourage coordination in permitting enough to not require an added layer of permitting and complexity (SmallTemporary Employee Housing Facilities), the oil and gas industry representatives or the Planning Commission did not agree that the AWDP would achieve its intended goal and hence did not agree with Staff on this point. As such, the draft regulations recommended bythe Planning Commission encompass both the AWDP and the added Small Temporary Employee Housing Facility. Staff recommends that to reduce complexities within the regulations that the AWDP be removed from the Minor Temporary Employee Housing regulations (5.02.22). Fufther, it is Staff's opinion that since the MinorTemporary Employee Housing regulations only apply to facilities serving 7-24 individuals that the limited utilization of the AWDP does not warrant its inclusion in the regulations. To remain within the spirit of an Administrative Permit, Staff also recommends that the nottcing requirements be reduced from 200' from the subject property to 200' from the permit site for those locations within the RL Zone District. The intent is to speed the process of the Administrative Permit where it makes the most sense. Since the RL Zone District is sparsely populated with residential properties and a majority of the ownership is within very large oil and gas company holdings, Statf does not feel it makes logical sense to notify from the subject property boundary, but instead 200' from the area of impact (Permit Site). Major Temporary Employee Housing Process The Major Temporary Employee Housing Facility (MTEHF) process remains unchanged from that in use today. All MTEHF's require a Special Use Permit prior to issuance of a Building Permit. This process generally takes 60-90 days, requires public noticing and a public hearing with the BOCC. Staff Recommended Changes to the Sept. 12,2007 Planning Commission Recommendation: 1. SmallTemporary Employee Housing regulations (5.02.23): Although the SmallTemporary Employee Housing Facility (STEHF) is a Use-by Right scenario for up to 12 beds with/z occupancy, there are Pedormance Standards associated with this property right. ln other words, even though there is no land use permit issued, the standards by which these facilities must abide by to remain a Use-by-Right are checked at the Building Permit stage. lf these standards are not met, than a Building Permit cannot be issued. ln addition, the proposed Section 5.02.23 requires additional information which must be submitted along with the Building Permit. This additional information includes notification and submittals to the relevant fire protection district and Sherriff's Office. ln order to insure compliance with these standards and submittal requirements, the proposed Section 5.02.23 will require a subsequent amendment to the building code to require all recreational vehicles (RV's) used as Temporary Employee Housing to obtain building permits. This is necessary so that it can be verified that all notification, performance standards and submittal requirements have been or can practically be met. An issue with this scenario is that RV's do not require a building permit under our current Building Code. This leaves a loop-hole of sorts in the STEHF regulations when it comes to checking that the pedormance standards have been met. The Planning Commission is recommending that the Building Code be subsequently modified to correct this loop-hole, however, upon further contemplation on this point by Staff, it has become evident that another path may be necessary to resolve this issue. This conclusion has come from further review of the Building Code, its applicability and the consequences of altering the code in the manner previously anticipated. Below is a list of options in order of preference by the Planning Staff: rr/9/2007 -8- Limit "Small Temporarv Emplovee Housinq Facilities" to onlv manufactured and pre- fabricated facilities. All Recreational Vehicles (RV's) must be permitted throuqh the Administrative Permittino process described in Section 5.02.22 and considered a Minor Temporarv Emolovee Housinq Facilitv. This route would presumably make the RV scenario more complicated for the applicant, but it would ensure that the RV's are reviewed by the Planning Department and have the issuance of a land use permit without creating an additional process for a very specific situation. More specifically, an RV Temporary Employee Housing Facilityaccommodating 24 or less individuals would require an Administrative Permit and be considered a Minor Temporary Employee Housing Facility. The added complexity of the permit would presumably push operators toward using manufactured and pre{abricated facilities which are anticipated to accommodate 6 orfewer individuals which Staff believes is in the best health, safety and welfare interests of Garfield County. Past experience has demonstrated to the Planning Staff that RV facilities are less sanitary and more difficult to control than manufactured or pre-fabricated facilities which currently require building permits. lt is for these reasons of regulation complexity, health, safety and welfare that staff supports requiring all Temporary Employee Housing Facilities which are to consist of RV's be viewed as a Minor Temporary Employee Housing Facility. Allow RV's to exist as a use-bv-rioht with no buildinq permit or other land use permit as lono as the operator abides bv the Performance Standards outlined in Section 5.02.23 includinq all submittal requirements. The effect of this direction is that there is no review process to ensure that the submittal requirements were conducted or are accurate and complete. Enforcement for these facilities would be entirely complaint based and handled through Garfield County's standard code enforcement language. Staff feels that this direction undermines the health, safety and welfare obligations of Garfield County. lnstitute Section 107, "Temporary Structures and Uses" within the Buildino Code. Section 107 provides a basic framework permitting temporary structures, but this section has been removed from our current Building Code. The building code requires that this be "uniform for each class of dwelling, building, or structure". ln the building world, this means that we will then need to issue building permits for temporary trailers at construction sites, which we currently do not do, ln addition, as Section 107 is written, "such permits shall be limited as to time of service, but shall not be permitted for more than 1 80 days ... [n addition,] temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessaryto ensure the public health, safety and general welfare". Staff understands that altering the 180 day requirement undermines the intent of the building code itself. ln addition, ensuring that RV's conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the building code is very difficult and overly onerous. The issuance of a Certificate of Occupancy for RV's could prove legally problematic for the above mentioned reasons. Eliminate the "SmallTemporary Emplovee Housinq" tier alltoqether. The Planning Commission has recommended that the Board of County Commissioners adopt the third tier of permitting as Section 5.02.23, "SmallTemporary Employee Housing". A way to handle the issue with the RV's is to revert back to the Staff recommendation prior to September 12, which required all Temporary Employee Housing Facilities fewer than 25 beds to obtain an administrative permit under Section 5.02.22. -9 -1t/9/2007 . Create a "Temporary Use Permit" for onlv RV Temporarv Emplovee Housinq Facilities. This option creates a separate land use permit administered by the Planning Department for the sole use of RV's at Small Temporary Employee Housing Facilities. Although it appears that this option could work on paper, Staff understands that the purpose of this exercise is to create an easier, less complicated process, not additional processes for very specific circumstances which the Planning Department then has to review and track. For all practical purposes, Staff believes' that this option will dig the regulatory complexity issue deeper and does not create a practical solution to the problem at hand. ln addition, the issuance of a land use permit for a use-by-right is not consistent with the idea behind a use-by-right. 2. Minor Temporary Employee Housing regulations (5.02.22): Staff recommends that the noticing requirements be reduced from 200'from the subject propertyto 200'from the permit site for those locations within the RL Zone District. The intent is to speed the process of the Administrative Permit where it makes the most sense. Since the RL Zone District is sparsely populated with residential properties and a majority of the ownership is within very large oil and gas company holdings, Staff does not feel it makes logical sense to notify from the subject property boundary, but instead 200' from the area of impact (Permit Site). 3. Minor Temporary Employee Housing regulations (5.02.22): Staff recommends eliminating the Area Wide Development Plan (AWDP). As the process has evolved, a third tier, the Small Temporary Employee Housing Facility, has come to fruition. As the AWDP was intended to act as a mechanism to speed the permitting process along and encourage coordination in permitting enough to not require an added layer of permitting (Small Temporary Employee Housing Facilities), the oil and gas industry representatives or the Planning Commission did not agree that the AWDP would achieve its intended goals and hence did not agree with Staff on this point. As such, the draft regulations recommended by the Planning Commission encompass both the AWDP and the added Small Temporary Employee Housing Facility. Staff recommends that to reduce complexities within the regulations that the AWDP be removed from the Minor Temporary Employee Housing reg ulations (5.02.22). Effects of Section 5.02.21,5.02.22 and 5.02.23 on Garfield County Resources The implementation of Section 5.02.22 and 5.02.23 as proposed will inevitably have an impact on Garfield County Building and Planning resources, primarily in terms of human capitol. Below is an estimation of the impact on this County resource: 2007 2000 6 - 10 Building Department lmpacts Est. Gas Wells Drilled Est. Averaqe Wells/Pad Rig MovesNear Average Round-Trip in Hours to each Well Pad 200 - 333 4 1.5 lnspectionMell Pad Move 1200 - 1998 Hours Spent lnspecting TEHFf/ear2080 Full-Time Equivalent (FTE) in Hours 0.57 - 0.96 New FT Building lnspector $29,716 - $50,048 Average Dollars ($52,134/y) for a FTE Building lnspector 10-11t9/2007 2008 2400 Est. Gas Wells Drilled 6 - 10 Est. Averaqe Wells/Pad 240 - 400 Rig Movesl/ear 4 Average Round-Trip in Hours to each Well Pad1.5 lnspectionMell Pad Move 1440 - 2400 Hours Spent lnspecting TEHFI/ear2080 Full-Time Equivalent (FTE) in Hours 0.69 - 1.15 New FT Building lnspector $35,972 - $59.954 Average Dollars ($52,tSlty) for a FTE Building lnspector Planning Department lmpacts 20072000 Est. Gas Wells Drilled 6 - 10 Est. Averaqe Wells/Pad 200 - 333 Riq Moves/Year 45O - 756 Total Hours Spent on Temp. Employee Housing Apps.A/r.2080 Full-Time Equivalent (FTE) in Hours 0.21 - 0.36 EsL New FT Planner $12,670 - $21,720 Average Dollars ($60,335/y) for a FTE Planner 20082400 Est. Gas Wells Drilled 6 - 10 Est. Averaoe Wells/Pad 240 - 400 MovesA/ear 540 - 900 Total Hours Spent on Temp. Employee Housing Apps.l/r.2080 Full-Time Equivalent (FTE) in Hours tU9/2007 - 11 - 75"/" 2O"/" 5% Est. Percentage of SmallTemp. Employee Housing Fac. (Use-by-Right) Est. Percentage of Minor Temp. Employee Housing Fac. (Admin. Permit) Est. Percentaqe of Maior Temp. Emplovee Housino Fac. (SUP) 1 4 Est. Average Hours per SmallTemp. Emp. Housing Fac. (Use-by-Right) Est. Average Hours per Minor Temp. Emp. Housing Fac. (Admin. Permit)14 Est. Averaoe Hours per Maior Temp. Emp. Housinq Fac. (SUP) 10 - 17 Est. Number of Maior Temp. Emplovee Housino Fac.A/r. (SUP) 150 - 250 40-67 150-250 160-268 140 - 238 Est. Number of Small Temp. Employee Housing Fac./ Yr. (Use-by-Right) Est. Number of Minor Temp. Employee Housing Fac.Nr. (Admin. Permit) Est. Hours Spent on Small Temp. Emp. Housing Apps.l/r. (Use-by-Right) Est. Hours Spent on Minor Temp. Emp. Housing Apps.l/r. (Admin. Permit) Est. Hours on Maior Temp. Emp. Housi .A/r. (SUP 75% 20% 5% Est. Percentage of SmallTemp. Est. Percentage of Minor Temp. Est. Percentaqe of Maior Temp. Employee Housing Fac. (Use-by-Right) Employee Housing Fac. (Admin. Permit) Emplovee Housinq Fac. (SUP) 1 4 14 Est. Average Hours per SmallTemp. Emp. Housing Fac. (Use-by-Right) Est. Average Hours per Minor Temp. Emp. Housing Fac. (Admin. Permit) Est. Average Hours per Maior Temp. Emp. Housinq Fac. (SUP) 180 - 300 48-80 12-20 Number of Small Temp, Employee Housing Fac.lYr. (Use-by-Right) Number of Minor Temp. Employee Housing Fac.Nr. (Admin. Permit) Number of Maior Temp. Emplovee Housinq Fac.Nr. (SUP) Est Est Est 180-300 192 - 320 168-280 Est. Hours Spent on SmallTemp Est. Hours Spent on Minor Temp Est. Hours Spent on Maior Temp Housing Apps.l/r. (Use-by-Right) Housing Apps.A/r. (Admin. Permit) Housinq Apps.A/r. (SUP) Emp Emp Emp 0.25 - 0.43 $15,083 - $25,944 EsL New FT Planner Average Dollars ($6O,SSSty4 for a FTE Planner + 1 New Vehicle $28,000+ Vehicle Maintenance. $6,360 2007 - = 2008 - + $42,386 to $71,768 $28,000 $6,360 $106,128 $85,898 $6,360 $92,258 $76,746 $51,055 V eh icle M ai nte n an ce* $6, 360 $57,415 to to*Vehicle Maintenance = $530/month in "Motor PoolCharges" REOUEST To modify Section 5.02.21 of the Zoning Resolution of 1978 to create a Major Temporary Employee Housing requirement as proposed by Staff (Special Use Permit) for those facilities able to accommodate 25 or more beds, are not completely contained on a state or federally permit site, or are going to be on location of a cumulative of more than one (1) year. To create Section 5.02.22 of the Zoning Resolution of 1978 to create a MinorTemporary Employee Housing requirement as proposed by Staff (Administrative Permit) for those facilities which can accommodaleT - 24 beds, are completelycontained on a state orfederally regulated lease parcel, and are going to be on location for a cumulative of less than one (1) year. To create Section 5.A2.23 of the Zoning Resolution of 1978 to create a Small Temporary Employee Housing requirement as proposed by Staff (Use by Flight with Per{ormance Standards) for those facilities which can accommodate 1-12 beds with a maximum occupancy of lz and are completely contained on a state or federally regulated lease parcel, and are going to be on location for a cumulative of less than one (1) year. The Staff proposed regulations are as Major Permit - (Contain 25 or more beds) 5.02.21 Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permif'):jy ,7e-of,,/'1,..,Sif t e.fi*z t,le-t;i 1 -f nature 6f ssnu'factt{€C+€'in€s [as defined under (b)l ardler,10 tturute vr 1.i.@qrqumffilq?YeD [aD utrlllt\iu Lrllutil L,rFffrz'l-tVZ trgg/'\U/J ..lJl#{rf 7"P!; ,wiffihl+' trtr maybegrantedforprojectswithinGarfieldCountyrelatedto commercial, industrial, mineral extraction or highway operations of substantial size in any zone district by the County Commissioners through the special use permit process. Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and allhousing structures and associated infrastructure shallbe removed. Review of the permit shall be subject to 59.03 and $5.03 of the Garfield County Zoning Regulations rU9/2007 "#&H -Br,'ft tvoa ;Qetto/pntrrn S/r,rt(,rt" (1) At times of se*6re-housing flortage, extremely remcff ;ft ';ufr Ji,"iiffi'6;^6{Z:f,;;{f'{J^or"tfi ^tijfl'oiot#,,'";;,,fu;iii::iibL;, special ,re p"r[y{s for -vtqo-rte.mporary F@V:y ngyqing F-acititiesi,'.r q" sArtfu^rr Urrfes ut se\rcre nousrng Tronage, exrremery remole tgcaltons or olner emergency - "' :ry*/ conditions, special use permfs for Major Temporary EmVloyee Housing Facilities in the s tulvN4z T2 ks,bhb,.t #sr -{ nL<- st'-k fhos'@ 3'*1 -5..{1b. Zf - 3Z'33o / ef 's"7 Cr?S- of 1978 as Amended. All Special Use Permits for Centralized Employee Housing/Major Temporary Employee Housing Facilities is subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements. Major Temporary Employee Housing Facilities shall have at least one of the following basic characteristics: A. The Major Temporary Employee Housing Facilities or any associated infrastructure (including ISDS) ("Major Facility(ies)) is not completely contained within a State or Federally regulated parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oil/gas well 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 shall contain twenty five (25) beds or more to accommodate 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. (2) Temporary Employee Housing Facilities containing 24 or'f ewer beds at any one given time, will be on location for less than a cumulative of one (1) year and are completely contained within a state or federally permitted parcel (i.e. "Minor Facilities" or "small Facility'') are subjectto the administrative review process and standards contained in Section5.02.22and Section 5.02.23 and the enforcement provisions of Section 12 and Section 9.01 .06. (3) Special Use Permits for Major Facilities: The applicant shall submit an adequate site plan, consistent with Section 9.01.01 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 be disposed of on-site using an lndividual Sewage Disposal System (ISDS) unless the applicant can prove: 1. That, at the discretion of the GarJield 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 2. That, at the discretion of the Gadield 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: d. The applicant must demonstrate and guarantee an arrangement for hauling sewage; and e. The applicant must maintain all records including but not limited to trip logs/reports and landfill receipts; andf. All sewage disposal records must be maintained as public records to be available to the County and/or any other interested third party upon. request; and 1t/9t2007 -t3- g. The temporary housing must not exceed a cumulative of one (1) year at an approved location; and, h. These facilities shall be designed to accommodate 75 gallons of wastewater per person per day. i. 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. Hauled sewage and wastewater service shall not be permitted for any facility which 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 must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed of at an approved facility. For water facilities not permitted by the Colorado Depadment of Health and Environment (CDPHE), the operator must conduct monthlytests (orquarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Gadield County Board of Health or designee. Water systems permitted by the Colorado Department of Health and Environment (CDHPE) must obtain all necessary state permits prior to the scheduling of a Special Use Permit for a Maior Permit public hearing and maintain continuous conformance to state requlations 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 or highway operation locations and shall be limited to a spacing of at least one (1) mile between Major Facilities, regardless of land ownership or operator. Special Use Permits for Major Temporary Employee Housing Facilities for oil and gas extraction purposes in the Resource Lands (RL) zoning district may be exempted by the BOCC from the one mile spacing if the operator can prove that the housing structures and all supporting infrastructure will be contained within the Colorado Oil and Gas Commission (COGCC) approved well pad and there will be no new additional land disturbance outside of the COGCC approved well pad area. lf the applicant is applying for a Special Use Permit for Major Facilities on an approved COGCC well pad, the applicant must provide the relevant approved APD permit indicating housing location(s) along with the application for a Special Use Permit for Major Facilities. ( ) The maximum allowable time length of the Special Use Permit for Major Temporary Employee Housing Facilities is one (1) year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as wellas allconditions of the permit. A permit may be revoked anytime through a public hearing called up by staff or the Board of County Commissioners. By way of example and not limitation, continued non-availability of a permanent housing inventory or the nature of the construction or extraction project may constitute "good cause" for renewal. The applicant must provide an estimated total cumulative length of time the Major Facility(ies) will be at the proposed location along with a statement of intentions to request renewal past the one year expiration date as paft of the 14-tU9/2007 Special Use Permit for Major Facilities application. Failure to provide a statement of intention for renewal will prohibit the Special Use Permit for a Major Facility(ies)from future renewal consideration. (5) Temporary housing shall be located at a site authorized by the Board of County Commissioners and identified on the relevant site plan submitted with the Special Use Permit for a Major Facility(ies). lnhabitants of the Major Facility shall be applicant's employees and/or subcontractors, working on the related construction or mineral extraction operation, and not dependents of employees, guests or other family members. (6) Major 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 on site for 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 responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to $307 of the 2003 lnternational Fire Code (lFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and bon fires. One (1) or more approved extinguishers of a type suitable forflammable liquid, combustible materials or electrical fires (Class A, Class B and Class C), or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. 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 fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC 5901 .4 and $901.6 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 manufactured home or recreationalvehicle units in accordance with 2003 lnternational Fire Code (lFC) 5907.2.9 and 5907.2.10 and the requirements of the relevant fire protection districts. iii. Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. (B) Wildlife-proof ref use containers must be provided for trash. At least one thirty (30) gallon (4 cubic feet) container shall be provided for each unit or the equivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metalor plastic with tight-fitting lids. Refuse shall be disposed on not less than once weekly. (C) Outdoor food storage is prohibited unless facilities that prevent the attraction of animals to the Major Facility(ies) site are provided. 15-L1/9t2007 (D)The applicant shall provide a detailed map and GPS coordinates to the Gadield County Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency response purposes, including location of the Major Temporary Employee Housing Facilities site; private and public roadways accessing the site, marked as open, gated and/or locked; and detailed directions to the site from a major public right-of-way. The map is subject to approval by the Garfield County Sheriff's Office and relevant Fire Protection District. (7) lf structures, requiring Building Permits under the Gartield County Building Code, are constructed for the commercial, 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 structures shall be withheld until the temporary living quarters are removed and the site is restored to the satisfaction of the County Building and Planning Director. (8) If 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 were designed, installed and inspected in accordance with the said special use permit and comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The county also reserves the right to inspect a site, without notice, to assess compliance with the Special Use Permit for 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. \ (9) lf there is suitable permanent hous\ inventory available in an area near the commercial, industrial, highway project or mineral extraction operation, as determined atthe discretion of the BOCC, the 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 on Location sites. (1 1) 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 points in section eleven (11) within this $5.02.21. 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 be removed. All pits, cellars, and other holes will be backfilled as soon as possible after all equipment is removed to conform to surrounding terrain. All access roads to the site and associated facilities shall be closed, graded and recontoured. Culvefts 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 t1/9/2007 -16- place, punctured and filled with ineft 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 and/or Garfield County to receive said wastes, Materials may not be burned or buried (other than ISDS) on the premises. All disturbed areas affected by Major Temporary Employee Housing Facilities or subsequent operations shall be reclaimed as early and as nearly as practicable to their original condition and shall be maintained to control dust, weeds and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoil 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) months after the Special Use Permit for Major Temporary Employee Housing Facilities expires or is revoked unless the Director or designee extends the time period because of conditions outside the control of the applicant. b. All areas compacted by Major Temporary Employee Housing Facilities and subsequent operations shall be cross-ripped. On crop land, such compaction alleviation operations shall be undeftaken 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 eighteen (18) inches unless and to the extent 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 revegetated as soon as practicable. For disturbed areas not regulated by the Colorado Oil and Gas Conservation Commission, the following regulations will apply: (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative 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 present before disturbance shall be reestablished. (2) Revegetation of non-crop lands. All segregated soil horizons removed from non-crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term 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 encouraged. ln the absence of an agreement between the applicant and the affected sufface owner as to what seed mix should be used, the applicant shall consult with a representative of the local soil conservation district 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 Garfield 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 pedormed as per 11(c)(1) of this section, and observation by the Director or designee over two growing seasons has indicated no significant un restored subsidence. rt/9/2007 t7- (2) On non-crop land, reclamation has been pedormed as per 11(c)(2) of this section, and the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director or designee shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. (3) A f inal reclamation inspection has been completed by the Director or designee, there are no outstanding compliance issues relating to Garfield County rules, regulations, orders or permit conditions, and the Director or designee has notified the 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 Gadield County Vegetation Management Department. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the standards in the Gadield County Vegetation Management Plan adopted by resolution No. 2002-94, as amended. Minor Permit - (Contain 7 lo 24 beds) 5.02.22 - Administrative Permit for Minor Temporary Employee Housingfacilities (Minor Permit): -, " r.,bn ;,)i ; 'i?.' -'t {"rc{'eu" (1)MinorTemporaryEmployeeHousingFacilities,inthenatureofffi[as nd/orrecreationalvehicles[asdefinedunder 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 land use approval for projects related to commercial, industrial and mineral extraction operations in any Zone District by the Building and Planning Department Director (Director), through the Minor Permit process. Such housing shall be of a temporary nature, and at the expiration or other termination of the Minor Permit, all structures, foundations and associated infrastructure shall be completely removed. Such facilities are subject 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 infrastructures ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (such as a Colorado Oil and Gas Conservation Commisslon (COGCC) approved oiligas well pad) in which reclamation and revegetation are secured with 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, C. The Minor Facility shall contain seven (7) to twenty-four (24) beds to accommodate 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. -18-tU9t2007 Temporary employee housing facilities that do not have the three characteristics listed above, i.e., contain of 6 or fewer beds, on location for more than a cumulative of one (1 ) year or not completely contained within a Permitted Site, i.e. "Small Facility''or "Major Facilities", are subject to the special use review process and standards and requirements contained in Section 5.02.21 or 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 (Department) and be issued a Minor Permit by the Director prior to commencing installation of the Minor Facility. A. Minor Permit : Each Minor Facility application shall be reviewed by the Director and an administrative determination made, in accordance with the process and timeframes outlined in Section 5, below. The Applieant, hernever, mayeheese te applyferan AWDP eensisting ef using an aeeelerated administrative preeess, fellewing appreval ef an AWDP; leading te multiple Miner Permits, Appreval ef an AWDP; hewever; dees net Administrative review is required for permitting of each Minor Facility, in accordance with the process and timelines contained in Section 5, below. B.ldentityofApplicant:TheApplicantforaMinorPermit@ AWDPmust be the owner of the surface estate of the subject lot (Owner), consistent with Section 9 of this Zoning Resolution. lf a representative is acting on behalf of the Owner, an acknowledgement f rom the Owner shall be included with the application submittals required by Section 4, below. Such an acknowledgment may be in the form of a letter of authority/agency or a lease, surface use agreement or similar document of legal effect demonstrating that the Owner has given the representative permission to use the sudace estate 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) (Operator), a land use planner, engineer, consultant or any other type of authorized representative/agent. C. Public Notice: At the time of submittal of an application for a Minor Permit e+ @,theApplicantshalldemonstratethatnoticewasmailedto adjacent property owners within 200 feet of the subject lot or 200 feet from the Permitted Site if the Permitted Site is within the Resource Land Zone District, as identified in the Gariield County Assessor's Records; the Owner (unless the Owner is the Applicant and is not represented); and separated mineral estate owners (as defined in Section 24-65.5'101 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, 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 Facility(ies), general description of the proposed Minor Facility(ies), explanation of the reconsideration process, t9-1t/9/2007 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 Seetien3anel 4, below. (3) Submittal Reqcirements fer an AWDP: At a minimum; the npplieant fer appreval ef an prepesed leeatien within the AWDP, Site speeifie, surveyed maps depieting the leeatien ef eaeh Miner Faeility, leeated within the Permitted Site within the subieet let; shall be ien e+lmulative length ef time (number ef days) that the Miner Faeilities are ien= ien and{C}+ef€w- D, A legible phete ef the state er federal "eertifying stamp" fer eaeh heusing unit antieipated te be used within the AWDP and demenstratien that eaeh prepesed unit meets eurrent building eede and Gadield eeunty fire eede requirements, required at the time ef applieatien fer appreval ef an AWDP' F, Preef that required publie netieing hae been perfermed in aeeerdanee with Seetien A€)-aOeve, ien detailed in Seetien 6 belew, The Applieant may preeeed te submit individual the submittal requirements, standards,administrative review preeessand timeframes (4)Submittals for Minor Permit-i @: A. Sign-offs: review from the Garfield County Sheriff's Office and relevant fire protection district(s). lf an AWDP was previeusly appreved in aecerdanee with ign- etrs= B. Sign-off: review from the Garfield County Building Department of the state or federal "certifying stamp" for each housing unit proposed for use and -20-rU9/2007 demonstration that each proposed housing unit meets current building code and fire code requirements. lf an AWDP has been previeuely appreved whieh i the heueing units whieh will be used at the Miner Faeility f{em the list appreved @ C. General description of the water system planned for potable water, along with details regarding number and volume of potable water tanks, source of water, name of hauler, hauler's Colorado Department of Public Health and Environment (CDPHE) registration number and copy of hauler's CDPHE certification, frequency of delivery, and calculation of water demand and demonstration of adequate capacity. D. A generaldescription of the system planned for collection and storage of sewage and wastewater, along with details regarding number and volume of sewage and wastewater vaults, name of hauler, f requency of pickup, identification of sewage disposal site, calculation of sewage and wastewater treatment demand and demonstration of adequate storage and/or treatment capacity. E. A general description of the system planned for collection and disposal of refuse, along with details regarding refuse collection, including number, type and volume of containers; name of hauler; frequency of collection; and identification of refuse disposal site. F. A list of adjacent surface owners within 200 feet of the Subject Lot or 200 feet from the Permitted Site if the Permitted Site is within the Resource Land Zone District, as identified in the Garfield County Assessor's records, and a list of separated mineral estate owners in the subject lot orthe Permitted Site if the Permitted Site is within the Resource Land Zone District, as identified in the Gadield County Clerk and Recorders records. G. A list of the final dates of installation and removal of the Minor Facility and a representation of the total cumulative length of time (number of days) that the Minor Facility will be installed at the proposed location. H. Site Plan: The Applicant shall submit an adequate site plan, consistent with Section 9.01.01 of this Zoning Resolution and the requirements listed below: i. 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 surrounding 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; nofth arrow and scale; GPS coordinates and current sudace 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 depicted at a minimum of 40' interuals. ii. Surveyed layout of the proposed Minor Facility within the surveyed boundaries of the Permitted Site, including at a minimum: sewage and wastewater disposal, trash receptacles, potable waterstorage, all other -2r-r1/9t2007 associated infrastructure and all other equipment located within the Permitted Site. ldentification of the private and public roadways accessing each Minor Facility. Roadways shall be marked as open, gated, and/or locked (include combinations). Detailed directions, with mileage, shall be given from the nearest town within Garfield County, nearest Garfield County Sheriff's Office dispatch location and responsible fire district headquafters 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. v. Name, address and phone number, including a 24-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 d istricts, Garf ield 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. vi. 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. l. The name, title, address, phone number and email address of the Operator'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 Compliance Officed'). J.A form, provided by the Department and signed by the Operator's Compliance Officer, indicating that the Minor Facility will be installed in accordance with all applicable Garfield County, relevant fire district, state and federal regulations. K. A form, provided by the Department and signed by the Operator's Compliance Officer, 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 valid and the parameters for reclamation and revegetation of the Minor Facility once the state or federal permit for the Permitted Site has expired or is otherwise terminated. (5) Timeframe of Review and Administrative Determination: A.UponsubmittalofanapplicationforaMinorPermit@ to the Department, a technical compliance check shall be completed and notice of compliance or non-compliance sent to the Applicant by the Director within iii. tv. rr/9t2007 _11 _ fourteen (14) calendar days of submittal. Once an application for a Minor Permit er AWDP is deemed technically compliant by the Director, the Director shall issue a determination of approval, approval with conditions or denial within foufteen (14) calendar days following the date of technical compliance determination. Unless othenvise provided herein, the expiration of any time limitation imposed upon the Board of County Commissioners, the Planning Commission, or any other County representative, shallbe interpreted as having consequence only in entitling an interested party to request judicial relief in the nature of mandamus. The expiration of any such time limitation 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 tn in application for a Minor Permit and issue the Minor Permit to the subject lot er apereve the applieatien fer appreval ef an AWDP. approve the Owner of the 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 to avoid or minimize the significant adverse impacts of the Minor Facility(ies). Such conditions may include, but are not necessarily limited to, the relocation or modification of proposed access roads, facilities (including water and sewer facilities), or structures; landscaping, butfering, or screening; or any other measures necessaryto mitigate anysignificant impact on surrounding properties and infrastructure. lf the Director finds that the application does not meet an applicable standard or standards and that the non-compliance cannot be mitigated through a condition(s) of approval, the Director shall deny the Minor Permiterapplieatien fer appreval ef an AWDP. (6) Reconsideration Hearing: Once the Director issues a determination 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 applicant, adjacent property owners within 200' of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone District, the Owner(s) of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone District separated mineral estate owners, and/or the Board of County Commissioners (BOCC) to reconsider the determination made by the Director. The Director's determination shall become finalonly after the expiration of this fourteen (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 (2)(B), above), an adjacent propefty owner within 200' of the subject lot or the Permitted Site if the Permitted Site is within the Resource Land Zone District, or the mineral estates owners as defined in subsection iv, below, aggrieved by the Director's decision may request reconsideration by D. Lr/9/2007 -23 - the BOCC by means of a written request filed with the Depaftment within the foufteen (14) day period of time. ii. Schedule Public Hearing. A public hearing by the BOCC shall be held at the next available BOCC's regularly scheduled meeting date in which all required prior public noticing can take place (Reconsideration Hearing). iii. Notice by Publication. At least thirty (30) calendar days prior to the date of the scheduled Reconsideration Hearing, the aggrieved pafty shall have published a notice of public hearing in a newspaper of general circulation in the area in which the proposed Minor Facility er AWDP is located. iv.NoticebyMai|@.At|eastthir1y(30)calendardays prior to the date of the scheduled Reconsideration Hearing, the aggrieved party shall send by certified mail, return receipt requested, a written notice of the public hearing to adjacent property owners within 200 feet of the subject lot or 200 feet from the Permitted Site if the Permitted Site is within the Resource Land Zone District, as identified in the Garfield County Assessor's Records; the Owner (unless the Owner is the aggrieved party); and separated minera! estate owners (as defined in Section 24- 65.5-101 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, as identified in the records of the Garfield County Clerk and Recorder. the owners of record of all adjacent property within 200 feet of the subiect lot or 200 feet from the Permitted Site if the Permitted Site is within the Resource Land Zone District. (Note: the aggrieved party need not notice itself)The notice shall include a vicinity map, the legal description of the subject lot, a short narrative describing the Minor Facility er AWDP, and an announcement of the date, time and location of the scheduled Reconsideration Hearing. v. BOCC Decision, 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 er AWDP with the regulations contained in this Zoning Resolution and, specifically, Section 5.02.22. B. Call-up by Board. Within fourteen (14) calendar days of the date of receipt of notice of the Director's decision, the BOCC may at its discretion, decide to reconsider the Director's decision at the next regularly scheduled meeting of the BOCC for which proper notice of hearing can be accomplished. i. Call-up Vote. The BOCC shall consider the call-up request, by one or more Commissioners, at the next regular meeting of the BOCC and set a public hearing by a majority vote of the BOCC in favor of the Reconsideration Hearing. ii. Notice by Publication. At least thifi (30) calendar days prior to the date of the scheduled Reconsideration Hearing before the BOCC, the Director shall have published a notice of public hearing in a newspaper of general circulation in the area in which the proposed Minor Facility-e+4WOp is located. tt/9/2007 a1 iii'NoticebyMail@.Atleastthirty(30)calendardays prior to the date of the scheduled Reconsideration Hearing, the aggrieved pafty shall send by certified mail, return receipt requested, a written notice of the public hearing to adjacent propefty owners within 200 feet of the subject lot or 200 feet from the Permitted Site if the Permitted Site is within the Resource Land Zone District, as identified in the Garfield County Assessor's Records; the Owner (unless the Owner is the aggrieved patty); and separated mineral estate owners (as defined in Section 24- 65.5-101 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, as identified in the records of the Garfield County Clerk and Recorder. the owners of record of all adjacent property within 200 feet of the subject lot or 200 feet from the Permitted Site if the Permitted Site is within the Resource Land Zone District. The notice shall include a vicinity map, the legal description of the subject lot, a shorl narrative describing the Minor Facility et-A\AlDP, 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 er 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. Minor Facilities must comply with all applicable federal, state and local laws and regulations. B. Operator must keep and maintain appropriate records, to be provided to the Coun$ 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. C. ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground sudace. The operator shall conduct monthly tests (or quafterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form bacteria. Any tests indicating coli form contamination must be disclosed to the Gadield County Board of Health or designee within T2hours from the time the contaminated water was tested. D. 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. E. At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each manufactured home or recreational vehicle unit. Said rr/9/2007 ")< F. 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. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC S901.4 and 5901.6 and as required by the relevant fire protection district(s). Smoke alarms and manualfire alarm systems shallbe installed, inspected and maintained in all other manufactured home or recreationalvehicle units in accordance with 2003 lnternational Fire Code (lFC) $907.2.9 and 5907.2.10 and the requirements of the relevant fire protection districts. Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. One (1) or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and electrical fires (Class ABC), or dry chemical, shall be located in each manufactured home or recreational vehicle unit and placed in accordance with applicable codes. lnhabitants of the Minor Facility shall be Applicant's employees andior subcontractors, working on the related commercial, industrial or mineral extraction operation, and not dependents of employees, guests or other family members. Within 1 0 days following the expiration or other termination of the Minor Permit or represented 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 Operator's Compliance Officer, indicating that all housing structures, 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 initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initialsuppression 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 fire 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 suppression, operation of sprinkler systems (if applicable) and wild land fire protection. G. H. t. J. K. L. M. N. tU9t2007 -26- o.All emergency situations requiring action by any government agency or fire protection district shall be documented in writing and presented to the Planning Department and Gaffield County Sheriff's Office within 24 hours of the occurrence. All required Access Permits shall be obtained from the Garfield County Road and Bridge Depaftment or the Colorado Department of Transportation. The Garfield County Sheriff's Office and relevant fire protection district(s) must be notified at least 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. 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 pafty upon request. Wastewater Disposal: i. Vault System: All vault systems 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 shall be 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 ApplicanVOperator must: a. Demonstrate that year-round vehicular access is available and maintained for safe and 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 landfill 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. Hauled sewage and wastewater service shall not be permitted for any facility which 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 approved, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Minor Facility and shall otherwise be operated in accordance with the Gar{ield County ISDS regulations as contained in BOCC Resolution Number 1994H- 1 36. P. o. R. S. tr/9/2007 27 (8) Enforcement: B. A. Procedures: Violations of Section 5.02.22 are subject to Section 12 and Section 9.01.06 of this Zoning Resolution and the procedures contained in this Section (8). C. lnspection: The BOCC reserves the right to inspect any Minor Facility, including structures and infrastructure and any other related improvements, andior required 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 pedorming an inspection shall abide by all laws of search and seizure, as set forth 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 protection district or the Garfield County Sheriff's Office will be reported to the Director. Permit Revocation: All enforcement actions run with Minor Permits for individual MinorFacilities.lfitisfound,consistentwiththe procedure identified in Section 9.01 .06, that the permitted Minor Facilitywas not installed in conformance with or is out of conformance with any of the 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 protection 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 immediatelyvacated and any installed structures and infrastructure shall be removed within the foufteen (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. 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 shallbe processed as a new application. 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. Three (3) Revoked Permits: Upon revocation of three (3) Minor Permits, the Building and Planning Director shall refer the fourth (4th) and all future Minor Permit applications 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. D. E. F. rr/9/2007 28- G. The offending Operator may be allowed to submit future applications for Minor Permits for review and approval by the administrative process contained in Section 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)" will be added as a use by right in the 3.0'1 Nl,3.O2 A/R/RD, 3.03 RLSD,3.O4 RLUD, 3.05 RGSD, 3.06 RGUD, 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 Small Facility - (Contain Maximum of 12 Beds, Vz ol Which Can Be Occupied at Any One Given Time) Use by Right with Performance Standards THE EHIEF BUIINING OFFIGIAT FOR RV'S USED AS TEMPORARY HEUSING FACITITIES. Section 5.02.23: Small. On-Site Temporarv Emplovee Housinq (Small Facilitv(ies)) t, 6a:{*, - E";/t -{taa-flp5.{,*t*tt 7 S{rncQ v.s'' (1)SmallFacilities,inthenatureofffi[asdefinedunderc,R'S.42-1-1o2 (1 06) (b)l but NOT recreational vehicles [as defined under C.R.S. 42-1-102(61), with+he ffiincludingtruck,trucktractor,motorhomeorcampertrailerie l, 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 subject 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. 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 orfederally permitted parcel (such as a Colorado Oiland 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 On-Site Temporary Employee Housing Facility shall contain twelve (12) or fewer beds of which a maximum of Yz o'tthe proposed beds may be occupied at any given time to accommodate 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. rU9t2007 -29 - Temporary employee housing facilities that do not have the three characteristics listed above, or consist 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 therein, and in Section 9.01.06. (2) Submittal requirements for Small On-Site Facilities. Prior to submittal to the Building Depaftment for a Building Permit, the applicant shall submit all below documents (with exception to (A), below) to the relevant fire protection district(s) and the Garfield County Sheriff's Office. The following items shall be submitted at the time of Building Permit to the Building Department: A. A form, provided by the Building Department and signed by a representative of the relevant fire protection district(s) and/or Garfield County Sheriff's Office indicating that the respective office has received all below document required in Section 5.02.23(2) and are of adequate quality to pedorm the necessary functions of the respective Office or district. B. A form, provided by the Building Department, indicating the anticipated dates of installation and removal of the Small On-Site Facility and a representation of the total cumulative length of time (number of days) that the Small Facility will be installed at the proposed location. C. A form, provided by the Building Department, indicating the name, title, address, phone number and email address of the Operator's employee or other authorized representative who is in charge of ensuring that the Small-On-Site Facility is in compliance with the standards outlined in Section 5.02.23 ("Operator's Compliance Officef'). D. A form, provided by the Depaftment and signed by the Operator's Compliance Officer, indicating that the Small On-Site Facility will be installed in accordance with all applicable Garfield County, relevant fire district, state and federal regulations. E. A form, provided by the Department and signed by the Operator's Compliance Officer, indicating that the Operator submits to the enforcement provisions identified within Section (1), above. F. A copy of the permit from the state or federal agency, regulating the Permitted Site, identifying the location, conditions of approval, time period for which the permit is valid and the parameters for reclamation and revegetation of the Small On-Site Facility once the state or federal permit for the Permitted Site has expired or is othenryise terminated. G. Site Plan: The Applicant shall submit an adequate site plan, consistent with the requirements listed below: 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 surrounding public roads, private roads, adjacent utility systems, residential development, other actively permitted Small On-Site, Minor and Major Facilities, natural drainage -30-ILt9/2007 courses and municipalities within one (1) mile of the proposed Small Facility; north arrow and scale; GPS coordinates and current sudace 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 depicted at a minimum of 40' intervals. Surveyed layout of the proposed Small On-Site Facility within the surveyed boundaries of the Permitted Site, including at a minimum: sewage and wastewater disposal, trash receptacles, potable water storage, all other associated infrastructure and all other equipment located within the Permitted Site. ldentification 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 from the nearest town within GarJield County, nearest Garfield County Sheriff's Office dispatch location and responsible fire district headquarters to each Small On-Site Facility, along each roadway, Name, address and phone number of surface owner of the subject lot. Name, address and phone number, including a 24-hour emergency response number of at least two persons responsible for Operator's emergency field operations; contact numbers for local hospitals, emergency response, fire protection districts, Garfield 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. ldentification of the anticipated dates of installation and removal of the Small On-Site Facility. The site plan shall include a notation of the total cumulative length of time (number of days) that the Small On- Site Facility will be installed at the Permitted Site. (3) The Small, On-Site Temporarv Housino Facilitv shall adhere to the followinq Small Facilitv Standards: All submittal requirements, application forms, timeframes for review shall be in accordance with the building code. Enforcement shall be in accordance with the building co{e and the enforcement provisions detailed in subsection (1), above. The Small Facility shall demonstrate or certify compliance with the following standards at the time of building permit application: ii. iii. iv. vi. A. Small Facility must comply with all applicable federal, state and local laws and regulations. B, lf the Small Faeility eentains reereatienal vehieles, sueh vehieles shall eemply with ANSI/NFPA 1 192 standards fer reereatienal vehieles, The Small Facility shall NOT contain recreational vehicles as defined in Section (1) of 5.02.23 C. 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 - 31 -r1/9/2001 conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form bacteria. Any tests indicating 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. D. Each Small Facility 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 Small Facility for operational or security reasons must be managed in accordance with all applicable federal, 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 manufactured home or recreational vehicle unit. Said container(s) must be durable, washable, non-absorbent metal or plastic with tight-fitting lids. F. 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. G. Outdoor food storage is prohibited. H. Manufactured home er reereatienal vehiele units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarm system shall be inspected, tested, and maintained in accordance with 2003 IFC 9901.4 and S901.6 and as required by the relevant fire protection district(s). Smoke alarms and manualfire alarm systems shallbe installed, inspected and maintained in all other manufactured home er reereatienalvehiele uni{s in accordance with 2003 International Fire Code (lFC) 5907.2.9 and 5907.2.10 and the requirements of the relevant fire protection districts. L Single-station carbon monoxide alarms shall be placed in each manufactured home or recreationalvehicle unit. J. One (1) or more approved fire extinguisher(s) of a type suitable for flammable liquids, combustible materials and electrical fires (Class ABC), or dry chemical, shall be located in each manufactured home or recreational vehicle unit and placed in accordance with applicable codes. K. Domestic animals are prohibited at all Small Facilities. L. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. The size of the water storage tank shall be determined by the relevant fire protection district or Sherriff's Office (if not located within a fire protection district). M. The operator shall document all emergency situations requiring action by any government agency or fire protection district, in writing, and such documentation tL/9t2007 -32- shall be presented to the Building Department and Garfield County Sheriff's Office within 24 hours of the occurrence. All required Access Permits shallbe obtained from the Garfield County Road and Bridge Department or the Colorado Department of Transportation. The Gadield County Sheriff's Office and relevant fire protection district(s) shall be notified at least 24 hours prior to installation and removal of each Small Facility. The Building Department shall be copied on all such notification, whether hard copy or electronic. The Operator shall maintain records identifying workers, whether employees or sub-contractors, and documenting the dates that each worker is housed at the Small Facility. Such records shall be provided to the County or any additional third party upon request. Wastewater Disposal: i. Vault System: All vault systems shall be designed and installed to accommodate the maximum number of persons, identified within the Building Permit application, who will inhabit the Small Facility. ln addition, all vault systems shall be equipped with an ovedlow alarm device. Vault systems shall be 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 and 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 landfill 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. Hauled sewage and wastewater service shall not be permitted for anyfacilitywhich will generate a total of 2000 gallons of wastewater and sewage per day. iii, lndividual Sewage Disposal System (ISDS): lf an ISDS is proposed, then it shall be designed, installed and operated to accommodate the maximum number of persons who will inhabit the Small Facility and shallotherwise be permitted and operated in accordance with the Garfield County ISDS regulations as contained in BOCC Resolution Number 1gg4H-136. The use, "Small On-Site Temporary Employee Housing Facility in compliance with Section 5.02.23" will be added as a use by right in the 3.01 A/1,3.02AIR/RD, 3.03 RLSD, 3.04 RLUD, 3.05 RGSD, 3.06 RGUD, 3.07 CL, 3.08 CG, 3.09 0S, 3,10 RL, 3.1 1 R/MH/G/UD, 3.12 Ll, 3.13 N. o. P. o. 1r/9/2007 -JJ- PA,3.14 DWC,3.15 CDWC Definitions: 2.02.51 2 Temporarv Emplovee Housinq Facilitv(ies): n;o6 {rq. Br;lf /1/o4' iesbhnffi S y',.r.E.s'' Theuse,duringtimesofhousingshortage,offfiand/orrecreationalvehicles (with the exception that Small Facilities shall not include recreational vehicles per Section 5.02.23) as removable housing, utilized for a period of time not longer than one year, for workers who are engaged in a commercial, industrial, mineral extraction or highway operation and who are needed onsite for the proper execution and safety of the related operation, including: 1 . Small Facilities which may contain up to 12 beds of which a maximum of Vz of the proposed beds are occupied at any given time on a "Permitted Site", as defined in section 2.02.421;2. Minor Facilities which contain 7 - 24 beds on a "Permitted Site", as defined in section 2.02,421; 3. Major Facilities which contain 25 or more beds; or which contain a fewer number of beds, but are not wholly located on a "Permitted Site"; or which are planned to be utilized for a period of time longer than one-year; or othenvise meet the requirements of Section 5.02.21 and Section 5.02.22. Such facilities are subject to land use approval by means of either an administrative process or a public hearing process, under the circumstances, standards and requirements contained in Sections 5.05.21 or 22 [or 23] o'f this Zoning Resolution. 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 permit is issued. To meet the definition of "Permitted Site", such permit must grant the approval of the appropriate state orfederalagencyforthe commercial, industrial, extraction or highwayactivity(ies) and must require the provision of security for the reclamation (including revegetation) of the site. III. STAFF RECOMMENDATION Staff recommends that the Board of County Commissioners approve the text amendment with the changes proposed by Staff. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMTSSIONERS That the meeting before the Garfield County Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parlies were heard. That on November 13,2006 the Board of County Commissioners directed Garfield County Planning Staff to draft regulations to allow for an administrative permit process for minor Temporary Employee Housing facilities. 3. That on May g, 2007, August 8, 2007 and September 1 2, 2007 the Planning 1r/9/2007 - 34 - IV, 1. 2. Commission held a meetings to discuss the application. At the regularly scheduled September 12,2007 meeting the Planning Commission recommended thatthe Board of County Commissioners approve the text amendment as depicted in Exhibit H, Exhibit I and Exhibit J. 4. That the proposed text amendment can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 5. That the application has met the requirements of the Garfield County Zoning Resolution of 1978, as amended. 1r/9/2007 -35- GARFIELD COUNry Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone : 970.945, 8 212 F acsimile : 970. 38 4.347 0 www.qarfield-countv.corn Text Amendment to Zone District I Zoning Resolution ) Doc. No.: ) Planner: STAFF USE ONLY Date Submitted: TC Date: Hearing Date: GENERAL INFORMATION (To be completed by the applicant.) G.- {,e Address: /Of &Y4 6/ . Tetephone , 7 t5' ciry: cc/*<state: CO Zip code:flktlFfrx. / Pl.no Address: lO 8- &M S i , ,€{c,t-t€ QrrfT#phone:7vf -5, City: (Cu.S state: (O Zip code: €rdPl :Pa F Specific Section of County Zoning Resolution of 1978 or PUD to be amended: 5q fbn \5-. o Purp-ose for the proposed text amendment: /7Qc-5,aI €.1. ---.r), + /.,4,b-" .*c{rn.- s.az zz {nn - ''( 1:g-g p.-/-r1,,7 /2*-, o.-zoo[' ' STATE OF COLORADO Couatl of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissionas' Meeting Room, Garfieid Cormty Courthouse, in Glenwood Springs on Monday the 13ft ofNovember, 2006,there were present John Martin , Commissioner Chairmar I"atry McCovm . Commissioner Tr6si Houpt , Qsmmissisngl Carolyn Dahlqren , Deputy Counf Attorney h[itdred Alsdorf . Clcrk of the Board Jesse Smith Assistant County Manager when the following proceedings, among others were had and done, to-wit: REsoLUrroN No. zarr. - jf!$ A RESOLUTION AMENDING TIIE TEXT SECTION S.O2.21OT'TIIE GARFTELD COIINTY ZONING RESOLUTION OF 1978 ADOPTING REGTJLATION. WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of Garfield Connty, Colorado, adopted Resolution No. 79-l conceming a Tnnng Resohfrion for the County of Garfield, SEte of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 tlrcugh 30-28-116, C.RS. 1973, as amended, to pnovide for the approval of amendnents to such Zoning Resoiution, and the Board hac so arnended the said Resoiution; and WHEREAS, on Decemlber 15, 1991, the Board adopted a corlified version of the Garfield County /sningResolution of 1978 and all subsequent amendments; and WHEREAS, on October ll, 2006, the GarEeld County Planning Commission recommended approval of thc proposed text mendmedt to Section 5.0221, Spe"ial Use Psmits for Tmporary Employee Housing; WHEREAS, a public hearing was held on the 136 day of November,2006 before the Board of Couaty Cornmissioners of Garfield County, Colorado, at the Commissioners meeting room, Suite 100, Gar6eld County Adminis+rafive Building , 108 3th Street, Gle,nwood Springs, Colorado, as to which hearing public notice was given in accordance with requirEmens of Section 10 of the Garfi eld County T.r:lniag Resolution; Page 1 of 3 ) )ss ) WHEREAS, the Board on the basis of cvidence produced at the aforementioned hearing has made the foilowing determination of fact: i. That an appiication for a zone district te:<t ameadmsnts were mad.e ccnsistsnt u,ith the requirements of Section 10.00 of the Garfield County ZnfugResolution of L978, as amended; Z. That the Board of County Commissioners is authorized by the provisions Scction 30-28-116, C.RS. 7973, as amended to providc for the approval amendments to the Garfield Cor.rnty /aning Resolirtion; 3' That the public hearing before the Board of Comty Commissioaem was extensive and completc, that all pcrtincnt facts, maffers and issues were submittcd and that ali interested parties were heard at the hearing; 4. That the Garfield County Planning Commission has reviewed the proposed zone district text amendment and made a recommendation as rcquired by Section 10.04 of the Garfield County /sningResolution of 1978, as amended; 5. That the proposed text amendme,lrts are in the best int€rest of the health, safcty, morals, convc,nience, order, prospcrity and welfare of the citiuns of Garfield County. NOW, TI{EREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Coiorado, that the Garfieid County /r,nir'g Rcsolution, adopted on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, as subsequcntly amended by this Board, shall be and hereby is ame,nded and said laagaage will be incorporated into the codified Garfield County Znfug Resoiution adopted by the Board on December 16, 1991 as shown on the afiached Exhibit A: ADOPIED this _day of ATTEST:GARFIELD COL]NTY BOARD OF COMMIS SIONERS, GARFIELD COLINTY, COLORADO of of Page2 of 3 ChairmanClerk of the Board 2046 Upon motion duly made and seconded the foregoing Resoh:tion was adopted by the following vote: Larrv McCown , Aye Tresi Houot - Nay John Martin .Aye STATE OF COLORADO County of Garfield County Clerk and ex-sfficio Clerk of the Board of County Commissioners, in and for the County and State aforesai{ do hereby ccfiiry that the annexed and foregoing Resotution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now inmy office. IN WITNESS WHEREOF, I bave herermto set my hand and affxsd the seal of said County, at Glenwood Springs, this - day of A.D.2006. County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) Page 3 of3 I L Garfield Gounty, Board of County Cormbsionere As Adopted -"*Hllri r.?T Exhibit A 5.42.21 Special Use Permits for Temporary Employee Housing: (1)At times of Bevere housing shortage, extremely remote locations or other emergency conditions, special use permits for temporary employee housing in the nature of manrfactured homes las defined under C.R.S. 424-1A2 (106) (b)] and/or recreational vehicles [as defined under C.R.S. 42-1-1A2 (61), wtth the addition that such truck, truck tractor, motor home or campor trailer is being used for temporary living quarters and not recreational purposeal may be granted for projects within Garfield County related to commercial, industrial, mineral extraction or highway operations of subslantial size in any zone district by the County Commissioners through the special use permit process. Such housing shall be of a temporary nature. At the erpiration of the permit, the lands shall be restored and all housing struc*ures and associeted infrastructure shall be removed. Review of the permit shall be subject to $9.03 and $5.03 of the Garfield County Zoning Regulations of 1978 as Amended. All Special Use Permits for Temporary Employee Housing is subject to all applicable building code, state and federal permit rcquirements, fire protection distrist requirements and fire code requirements. (2) Special Use Permits for Temporary Housing: The applicant shall submit an adequate site plan, consiatent with 59.01.01 and including proposed water supply, proposed method of sewagc treatment and names and addresses of adjacent property owners. (A) Water and wasterrater systems proposed to seruice temporary employee housing must comply with all applicable state and local laws and regulations. ln addition, all seuage must be disposed of on+ite using an lndividual Sewage Disposal System (ISDS) unless the applicant can prove: 1. That, at the discretion of the Garfield County Board of Health, an ISDS system is not fiaasible due to environmental, topographic or engineering conditions whgre the temporary housing is to be located; or 2. That, at the discretion of the Garfield County Board of Heatth, year- round access is available and maintained for safie and regular access for sewage hauling vehicles. ln addition, the following conditions must be met: a. The applicant must demonstriate and guarantee an anengement for hauling sewage; and b. The applicant must maintain all records including but not limited to trip logsireports and landfill reeipts; and c. Allsewage disposal records must be maintained as public records to be available to the County andior any other intsrested thid party upon request; and d. The temporary housing must not exceed a cumulative of one (1) year at an approved location. Garficld County, Board of Cout$ Coruniasioners As Adopr'd *","ttil:,r rJff (B) For sites where potable water,is hauled to and wastewater is hauled out, applicants must k6ep aPpropride recordE, to be provided to the Gounty upon request to demonstrate'that water supplied to a site ts from an approved source and that wastewater is disposed at a.n approved facility' For faciliiies lJiirg tr"nty-torr. (24) people-or legs, the operator must conduct monthly tests (or qu"r["rry if an bir-siie disinfiecnion systgq is installed) and maintain records of store<i potable water samples spedfic for coliform' Any tests indicating coli form contaminaiion must be disclosed to the Garfield County Board of Health or designee. Water systems serving twenty'five (25).neontg or more must demonst;te conformance to state regulations by obtaining all necessary state permits priorto the scheduling of a special uee Permit for Temporary Empioyee Housing public hearing' (C) ln no case shalt unsafie water be used for drinking nor ehall raw sewage or used water be discharged on the ground surface' (D) Special use Permits forTemporary Employee Housing sftes must be related to one or more commercial, industrial, mineral extragtion or highway operation locations and ehall be limited to a spacing of at leaet one (1)rnile between temporary employee housing eites, regardless of land oumership or operator.speciarusepermitsforTempora,yFTPl.o.y""Houeingforoiland g;s extraction prrpotts in the ReEource Lands (RL) zoning district may be Exempted by the gocc from the one mile spacing if the operator cen prove that the trousinj structures and all supporting infraetrudurc will be contained within the CobLdo Oil and Gas Commission (COGCC) approyed ry]lq and there will be no new additional land disturbance outside of the COGCC approved wetl paa area. lf the applicant is applying fo_r a special use Permit forTemporaryLmpnyee Housing on an approved coGcc wellpad, the appticant rrrt pr*iOl the relevant approved APD permit indicating housing location(s) atonb wfth the application for a Special Uee Permit for Temporary Employee Housing' (3) The maximum allowable time lengfih of the special Use Permit for Tempoary,-' imployee Housing is one (1) ydr. For good cause shown, the permlt may be renewed annuattyln a public meeting w-ith notice by agenda only. Annual renewal review Ehall be blsed on the standaids herpin as wett as all conditions of tre permit.A permit may be revoked anytime through a public hearing called up by itafi or thi goard of6ounty Commiseionerg. By way of exarnple and not limitation, continued non-availability of I permanent housing invantory or the. natrre of the construction sr extraction pioject rray mnstitute 'good cauge'-for reneual. fne appticant must provide ane*mated total cumulative length of time the temporary "rploy"e housing willbe at the proposed locaiion along with a statement otintentions to oquelt renenral past the one yeer expiratiql date as p"rt of the Special Use Permit for Temporary Empoyee.Housing application' F"ifri" to provide a statement of intention for renewal will prohibit the Special use Permit for Temporary Employee Housing Permit from future renewal consideration, (4) Temporary housing shall be located at a site suthorized oy tE 89"f9 qf cyntv Gommissioners and identified on the relevant site plan submitted with the Special Uee Permit for Temporary Employee Housing. lnhabitants of the temporary Garfiekl County, Board of County Commissioners AsAdoptad *r*fr;rll?T housing shall be applicant's employees and/or subcontractoc, working on the related construction or mineralextraction operation, and not dependents of employees, guesb or otfier family members. (5) Temporary employee housing sites shallbe maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious mattsrials that must be stored on site for operational or security reasons must be managed in accordance with all applicable Heral, state and local'laws and regulations. (A) Fire Protection General Requirements: Provisions shall be made for gMing alarm in case of fire. lt shall be the responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriffs office and resident employees. All fires are subject to 5307 of the 2003 lntemational Fire Code (!FC) induding but not limited to permits, attendance, open fires, coal grills, ftre bans and bon fires. One (1) or more apProved extinguishers of a type suitable for flammable liquid or electrical fires (Class A, Clese B and Class C), carbon dioxide or dry chemical, ehall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguieher. A wder storage tank may be required if Courfi and localfire protection offcials deem it necessary (B) Bear-proof refuse containere must be provided for traeh. At least one thirty (30) gallon (4 cubic faat) container shall be provided for each unit orthe equivalent in a central trash collection faoility. Said containe(s) must be durable, washable, non-absorbent metal or plaSic with tight-fttting lids. Refuse ehall be disposed of not less than once weekly. (C) Outdoor food storage is prohibited unless faciliiies that prevent the attraciion of animals to the temporary employee housing site are provided. (D) The applicant shall provide a detailed map and GPS coordinates to the Garfield County Sheriffs ffie and the relevant Fire Protec,tion District wirich is eufficient for emergency response purposes, incruding rocation of the temporary employee housing site; private and public roadways acceasing the site, marked as open, gated endlar looked; and detailod direcfions to the site from a major public right-of+vay. The map is subject to approval by the Garfield County Sheriffs ffioe and releyant Fire Protection District. (6) lf structures, requiring Building Permits under the Garfield Courfi Building Code, are constructed for the commercial, industrial, highway project or mineral extraction operation reldad to the Special Use Permit for Temporary Employee Housing, upon expiration or revocation of the permit Certificates of Occupanry for such structures shall be withheld until the temporary living quarters are rernoved and the site is restored to the seii#action of the Courfi Building and Planning Director. (7) lf a special use Permit for Temporary Employee Housing 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, Ga rft erd cou nty, ?rfl $,::,^H#HiT:.itH Page 4 of6 water system, and Eewage disposal system urere designed, installed and inspectid in accordance-rvitft tire said-special use permit and comply with all "ppti""Ott regulations, permib, and conditions. Allwritten documentation and "[5 pf""r ,ei'fying compliance must be stamped by a certified Colorado Engin*r. The cointy "iso tese*eq lhe right to inspgct a site, without notice' to asJess compliance with the Special Use Parmit for Temporary Employee - ftousing. A determination of noncompliance with any.Special Use Permitfor fempoiary Employee Housing, or condition approval thereof, is grounds for^ revocation or sus&nsion of siiO permit, in accordance with Section S9'01'06' (8) lf there is suitable pormanent housing inventory available,.in en area nearthet-' *rr"r"ial, indusirial, highway proFct or rnineral extraction operation, as determined at the discration of the fuOCC, the Special Use Permit for Temporary Employee Housing shall not be granted. (g) No animal8 shall be allowed at temporary employee housing sites. (10) ln evaluating a request for a special Use Permit for Temporary Employee' -'Housing, thJCounty Commissioners may require compliance with additional conditiJns of approval as may be needed to ensure the health, safety and welfare of the Public. (A.81-263) (1 1)The applicant shall submit as part of the Special Use Permit for Temporary' 'impr6iee Housin!, a reclamation and revegetation plan for each sPecific Eite adOressing all poiits in section eleven (1 1) within this $5.02.21. a. Debris and waste materials, including, but not limited to structures, concrete, footings, sewage disposal systems and related infrastruc*ure, nrater storege and rJlated aislriOutibn infrastructure, toads, and other sand, plastic, gravel, pipe and cable shall be removed. All pits, cellars, and other holes willbe backfilled as soon as posBible after ail equipment is removed to conform to surrounding tenain. All access roads to the eite and associated fracilities shall be closed, graded and recontoured. Culnerts and any other obstructions that were part'oi ttte ac€es6 road(s) shall be removed. Upon ciosure of a camp facility, \rra6tewetff tanks shall be completely pumped out and eilher cnrshed in place, puncturBd and filled wlth inert material or removed' Any waste material pumped from a wastewater tank or waete debrie from tank rernoval must be bisposeO of at an approved facility that is permittad by CDPHE andior Garfield County to recEive ""id *r"t"s. Materials may not be bumed or buried (other tnan tSEiS) on the Prcmise6. Idl disturbed areas affected by temporary emptoyee housing or subaequent operations shatl be. reclairned as early and as nearty as prac{icable to their original condition and.shall be maintained to control dust, weeds and minimize erosion. As to crop lands, if subsidence oc6rlrs in such ,t""t additionaltopsoil 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) morrths after the Special Use Permit for Temporary Employee Housing expires or is revoked unless the Director or aesibnee'extenas tfre time panod because of conditione outside the control of the aPplicant' b, Atlareas compacted by temporary employee housing and subsequent Garfield County, Board of County Commissionan As Adopted "*"r[:,i r"1T operations shallbe cross-ripped. On crop land, such compac'tion alleviation operations shatl be undertaken when the soil moisture at the time of ripping is Qglow thirty-five percent (350/6) of field €pacrty. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered al a shallower dePth. c. \A/hen a temporary employee housing site is removed, all disturbed areas will be restored and revegetated as eoon as prac'ticable. For disturbed areas not regulated by the Colorado Oil and Gas Conservation Commission, the following regulations will apply: (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour, and shall be tilled adequately to re-establish a proper seedbed. The arca shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious ureed5, and to conkol erosion. Any perennial forage crops that were present before disturbance shall be reestablished. (2) Revegetation of norrcrop lands. All segregated soil horizons removed frorn non-crop lands shall be replaced to their original relative positions and contour aE near as practicable to achieve erosion control and long- term stability, and shall be tilled adequately in orderto establish a proper seedbed. The disturbed area then shall be reseeded in the ftrst favorable season. Reeeeding with species consistent with the adjacent plant community is encouraged. ln the absence of an agreement between the applicant and the affected surfae owner as to wtrat seed mix should be used, the applicant shall consutt with a represerftative of the local soil conservation district to detennine the proper seed mix to use in revegetating the disturbed area. d. During occupation and reclamation operations, all disturbed areas shallbe kept free of Garfield County and Stete of Colorado List A and B noxious weeds. e. Successful reclemation of the site and access road will be considered completed when: (1) On crop land, reclamation has been performed as per 11(cX1) of this section, and observation by the Director or designee over two growing seaaons has indicated no significant unrestored subsidence. (2) On non-crop land, reclamation has been performed as per 11(cX2) of this sec,tion, and the total cover of [ive perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director or designee shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canoPy cover, having similar soils, slope and aspect of the reclaimed area. (3) A ftnal reclarnetion inspection has been completed by the Director or Garfield County, Board of County Conmbsioners A.s Mopt€d NovBmb€r 13, 20Oo designee, there are no outstanding compliance issues relating r.T#J;t County rules, regulations, orders or permit conditions, and the Director or designee has notified the 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 Courfi Vegretation Management Department. The security shall be held by Garfield Gounty untilvegetation has been succassfully reestablished according to the standards in the Garfield County Vegetation Management Plan adopted by resolution No. 2002-94, as amanded. g. Specifioally as to reclamation, the applicant shall provide security for reclamation of disturbed areas in amount and in accordance with a plan approved by the Gaffield County Planning Department. The security shall be held by Garfield County until reclamation has been successfully completed per Section 11 within this $5.02.21, Colorado Department of PublicHealth andEnvironmenr DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division 5 CCR 1003-1 STATE BOARD OF HEALTH PRIMARY DRINKING WATER REGULATIONS (Amended January 19, 2005, effective March 30, 2005) Article 1 General Requirements 1.1 Authority Sections 244-104,244-105,25-1.5-101,25-1.5Parl2,25-1-108,25-1-109,25-1-114,and25-1-114.1, Colorado Revised Statutes 1.1.1 Purpose The purpose of the Colorado Primary Drinking Water Regutafions is to assure the safety of public drinking water supplies, and to enable the State of Colorado to assume responsibility for enforcing the standards established by the federal Safe Drinking Water Act (.Public Law 93-523), as amended. The Colorado State Board of Health, pursuant to Part 1 of Title 25, Colorado Revised Statutes, has promulgated lhe Colorado Pimary Drinking Water Regulations. 1.2 Applicability The Cotorado Primary Drinking Water Regulations shall apply to each public water system, unless the public water system meets all of the following conditions: (a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities) (b) Obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply Does not sell water to any person, and ls not a carrier which conveys passengers in interstate commerce' 1.3 Repealand Re-adoPtion The Colorado State Board of Health repealed and re-adopted the Colorado Department of Public Health and Environment's Co/orado Pimary Drinking Water Regulaflons on January 19, 2005. The Colorado State Board of Health regulations concerning use of ice for potable purposes, adopted August 14, 1950, and standards affecting the quality of water supplied to the public by vendors, dis[ensing tanks, water haulers, tanks, bottles and containers (other than through pipes), as adopted October 18, 1954, shall remain in fullforce and effect. 1.4 Effective Date The Colorado Primary Drinking Water Regulatlons shall take effect twenty days after the date of publication thereof in the Colorado Register as finally adopted by the Colorado State Board of Health. (c) (d) EXHEIT A ARTICLE X, SECITION 411 TEMPORARY AND SPECIAL USE PERMITS FOR TEMPORARY LNING QUARTERS (TLQS) 4L1.1 All Temporary Living Quarters (hereinafter TLQs), constructed or installed in Rio Blanco County related to commercial, industrial, transportation, oil & gas or mineral extraction piojects require either a Temporary Use Permit pursuant to Sec. 225 of the Rio Bianco County Land Use Resolution (hereinafter LUR) or a Special Use Permit pursuant to Sec. ZT ,LTJR. 41L.2 TLQs are divided and defined in three distinct categories as follows: (A) Type L: Small On-site Ouarters. These are for under twenty five workers housed at the work location or in the case of oil and gas drilling, on the well pad. These quarters are temporary structures such as manufactured housing or recreational vehicles. These quarters require a Temporary Use Permit pursuant to Sec 225,LUR. (B) Type 2: Small Central Location Ouarters. These quarters are for up to fifty workers imd are located away from the work site or well pad. These quarters are temporary structures such as manufactured housing or recreational vehicles. These quarters require a Special Use Permit pursuant to Sec. 224, LUR and may be permitted for up to one year with additional annual extensions by Administrative Review for compiiance. (C) Type 3: ,Large Central Location Ouarters. These quarters are for in excess of fifty workers, located away from the work site or well pad. These quarters are pennanent structures. These quarters require a Special Use Permit pursuant to Sec. 224,LTJR and may be permitted for multiple years with annual Administrative Reviews for compliance. 411.3 The following provisions apply to atl three fJrpes of TLQs with exceptions as noted: A. General Requirements. 1. On or before thirty days after the date the Temporary Use Permit or Special Use Perrnit expires all housing structures and associated Rio Blanco Counry Planning and Development DePartment 317 E. Market (PO Box 599). Meeker, CO 81641 Officr:970 878 9580 Fax 970878 958I email planninq@,'ccr.rio-hlanco.co.us June 25,2007 Page I infrastructures shall be removed and the iand shall be reclaimed to the satisfaction of the Planning Department. 2. All Type 1 and Type 2 TLQs , excapt licensed motor homes, recreational vehicles and camp trailers, and all type 3 TLQs require a Rio Bianco County building permit and certificate of occupancy before Occupancy. 3. All TLQs must be iocated on property owned by or leased for the period of the permit by the Applicant, except TLQs located on Federal land which must have an approved Right Of Way issued by the BLM or U.S. Forest Service. 4. TLQ sites must be related to one or more csmmercial, industrial, transportation, oil & gas, or mineral extraction projects and mustbe located with separation of at least one miie between sites regardless of iand ownership or operator. 5. TLQs for oil and gas extraction projects in agricultural zones may be exempt from the one mile spacing requirement if the Applicant can demonstrate that the housing structures and all supporting infrastructure will be contained within a Colorado Oil and Gas Conservation Commission (COGCC) approved well pad. To qualify for such an exemption there must be no land disturbance outside of the COGCC approved well pad. B. Time Limitations. 1. Temporary Use Permits issued pursuant to Sec. 225,LUR are for six months with one six month extension. In recognition of the fact new technology ailows for multipie welis to be drilled on one well pad over an extended period of time, a Temporary Use Permit for Type 1 TLQs may be extended for additional six month periods by Administrative Review. Applications for extensions must be made on forms provided by the Rio Blanco County Planning Department (hereinafter Planning Department) 2. Special Use Permits issued for Type 2 TLQs are for a maximum of one year. For good cause shown, a permit may be extended annualiy by fuo Blanco Counry Planning and Development Department 317 E. Market (PO Box 599), Meeker, CO 81641 office e7 0 878 es80 .* rr.rtJjJrrt;, ilA1Y Pece ) Administrative Review. Applications for extensions must be made on forms provided by the Planning Department. Approval of annual extensions will be granted for good cause provided the Applicant is in compliance with the terms and conditions of the existing Special Use Permrr as well as in compliance with all rules and regulations in the LUR. 3. Type 3 TLQs are issued for multiple years and do not require annual extensions. These TLQs require only annual Administrative Reviews for delermination of whether there is compiiance with the terms and condit:ions of the Specific Use Permit and other rules and regulations in the LLIR. ApplicationProcess. 1. All Appiicants must schedule and attend a pre-appiication meeting with Planning Department staff to discuss project information and permitting requirements, One of the issues to be discussed at the pre- application meeting is the need for the TLQ the Applicant intends to appiy 1'or. Applicant should be prepared to provide an assessment of cunenlly available housing and projected housing availabiiity within existing municipalities, including but not iimited to commercial campgrounds, mobile home parks and similar facilities within thirty minutes driving time of the proposed TLQ site location. If it is determined that suitable housing inventory is available within thirty minutes driving time of the proposed TLQ site location, a permit for a TLQ will not be granted. 2. information and documents which must be submitted for an application to be considered complete include the following: a. A detailed site plan and vicinity map in both hard copy and digital format including iocation of the TLQ site, private and public roadways accessing the site marked open, gated and/or locked, and detailed directions to the site from a County road or State highway. Rio Blanco Counry Planning and Development Depanment 317 E. Market (PO Box 599), Meeker. CO 81641 Office 970 878 9580 Fax 9'70 878 9581 email nliinning@'cr.'.rio-irlanco.co-us Iune 25.2007 Page 3 b. As to applications for Type 1 TLQs, a copy of the approved Application for Permrt to Drili (APD) documents from the COGCC indicating housing location(s). c. A statement of the estimated total length of time the TLQ will be at the proposed location. d. A listing of the names and addresses of the owners and zoning of all land adjacent to and within two miles of the proposed location. e. Appiicant's Drug and Alcohol Policy including mechanism of enforcemsnt. f. Applicant's Firearms and Weapons Policy including mechanism of enforcement, g. The Site Security Pian including the registration/check-in policy. If a professional security service is to be used infonnation must be provided concerning the service. h. On site medical and emergency medical services to be provided. i. A traffic and transportation plan inciuding the anticipated volume and type of vehicle use, vanpooling or bussing plans, actions taken to reduce/minimize traffic, parking design and poiicy, copies of Applicant's driving rules and an Equivalent Single Axel Load (ESAL) estimate specific to the construction and operation of the TLQ. j. A copy of House Rules for the TLQ. k. A storm water management plan for the site. l. A copy of the site weed control plan, approved by the Rio Blanco County Weed Department. m. A lighting plan showing design to provide required lighting while minimizing iight pollution. n. Complete details of the water system proposed to service the TLQ. (See requrements in Section 411.4A), o. Complete details of the Wastewater System proposed to service the TLQ. (See requrements in Section 41L48). p, Complete details of the Fire Protection System proposed to service the proposed TLQ. (See requirements in Section 4rr.4c). Rio Blanco County Planning and Development Depanment 3 17 E. Market (PO Box 599), Meeker. CO 8l 641 offrce e70 878 e580 "". rrortJ;J;t;, ;[6}- Page 4 q. Compiete details of waste disposal system proposed to service the proposed TLQ. (See requirements in Section 4tI.4D). r. Compete details of the proposed reclamation plan' (See requirements in Section 4lL4E). 4LL.4 Requirements Related To The Operation Of TLQs: A. Vl/ater S5'stems. 1. Water Systems proposed to service TLQs must comply with all appiicable state and local laws and regulations' 2. For facilities serving under twenty five (25) workers (Type 1 TLQs), the Appiicant must conduct monthly tests (or quarterly if an on-site disinfe,ction system is installed) of stored potable water samples specrfic for coii form and maintain records of such tests. Any tests indicating coli form contamination must be disclosed to the Planning Department. 3. Water systems serving twenty five (25) people oI more (Type 2 and3 TLQs) must demonstrate conformance to state reguiations by obtaining all necessary state permits prior to the scheduling of a TLQ Special Use Pormit pubiic hearing. 4. in 1o case shall unsafe water be used for dnnking or used water be discharged on the ground surface. 5. Records related to water suppiy and testing must be maintained for inspect.ion by the Pianning Department for the life of the permit. B. Wastervater S5,stems. 1. Wastewater systems proposed to service TLQs must comply with all applicable state and local laws and regulations. In addition, all wastewater must be disposed of on-site using an individual Sewage Disposal system (ISDS) or Community wastewater Facility. Rio Blanco Counry Planning and Development Department 317 E. Market (PO Box 599). Meeker. CO 8164i Office 970 878 9580 Faxg'70 878 9581 email nlanningC4co.rio-hlanco'co'us June 25,2007 Page -5 C. 2. A specific TLQ may be granted an exemption from the above ISDS/Community Waste Water Facility requirement if it is detennined that: a. An ISDS system is not feasible due to environmentar, topographic or engineering conditions where the TLQ is to be located; and b. A Community Wastewater Facility is not appropriate; and c. Year-round access is available and maintained for safe and regular access for wastewater hauling vehicles. 3. If a pump and haul system is approved, the following requirements must be met: a. All wastewater must be disposed of at an approved facility. b, The Applicant must demonstrate an arrangement for hauiing wastewater including an appropriate contract with a licensed hauler and a letter of understanding with a back up licensed hauler in the event the primary hauler fails. c. Applicant must provide a detailed emergency response plan that addresses such issues as, equipment failure. d. Appiicant must provide aletter from a iicensed disposal facility stating the facility has the capacity and willingness to receive and treat Applicant' s anticipated wastewater. e. Applicant must maintain all records including but not 1imited to trip logs and disposal reports for one year after the termination of the TLQ permit. f. All wastewater disposal records must be available to the pianning Department and/or any other interested third party upon request and must be provided to the Planning Department as part of any. apphcation for a TLQ permit extension. g. In no case shall wastewater be discharged on the ground surface or disposed of at any location other than an approved facitity. Fire Protection 1. A Site Fire Plan must be provided with the application and musr include at least the foilowing: a. Provisions for giving aiarm in case of fire. Rio Blanco Counry Planning and Deve)opmenr Deparrment 317 E. Market (pO Box 599), Meeker. CO gl64l ofnce e7 0 878 es80 .* rrorr#J;?, i[61- Page 6 b. .A duly authorized attendant or caretaker who has the responsibility to inform all tenants about means for summoning fire apparatus, the sheriff s office and resident empioyees. c. Open burning is not allowed 0n any TLQ site. d. Provisions for location of one or more approved fire extinguishers of a type suitable for flammabie liquid or electrical fires (Class B ancl Class C), carbon dioxide or dry chemical, in one or more open statjons so that it will not be necessary to travel more than one hundred (100) feet from any location in the TLQ to reach the nearest fire extinguisher. e, Sprinkier systems if required by the Rio Blanco Building Code or the Planning Department. f. A water storage tank if required the Rio Bianco Building Code or the Planning Department. 2. Bi-monthly inspection of the fire alarm and extinguishing equipment is required. Records of the inspections must be available for review by the Planning Department. D. Waste Disposal 1. Bear-proof refuse containers must be provided for trash. At least one thirty (30) gallon (4 cubic feet) container must be provided for each unit or the equivalent in a central trash collection facility. These containr:r(s) must be durable, washable, non-absorbent metal or plastic with tighrfitting locking lids. 2.ForType2 and 3 TLQs, acentral bear-proof wire fenced trash storage site with a covered top may be used as an altemative to or in addition to individual containers. 3. Trash must be disposed of not less than once weekly. 4. Outdc,or food storage is prohibited unless facilities that prevent the attraction of animals to the TLQ site are provided. 5. Visual screening of trash facilities may be required. Rio Blanco County Planning and Development Department 317 E. Market (PO Box 599), Meeker. CO 81641 .office e70 878 e580 r* rorrjfJ;?, ;6,J- Pqoc 1 41L.5 Reclamation A. The Applicant shall submit as part of the TLQ Temporary 0r Special Use Permit application, a reclamation and revegstation plan for each specific site satisfying the following requirements: 1, Construction 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 must be removed, 2. Allpits, celiars, and other holes must be bacidilled and compacted as soon as possible after all equipment is removed to conform to surrounding tenain. 3. A1I access roads to the site and associated faciiities must be closed, graded and recontoured. 4. Culverts and any other obstructions that were part of the access road(s) must be removed. 5. Upon closure of a TLQ, wastewator tanks and leach fields must be completely pumped out and removed. Any waste material pumped from a wastewater tank or leach fleld or waste debris from tank and ieach fieid removal must be disposed of at an approved facility that is permitted by Colorado Department of Public Health and Environment (CDPHE) and/or Rio B1anco County to receive said wastes. Materials may not be burned or buried on the premises. 6. All areas compacted by TLQs and subsequent operations must be cross-npped. On crop land, such compaction alleviation operations shall be undertaken when the soii moisture at the time of ripping is below thirty-five percent (35V0) of fieid capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. Rio Blanco County Planning and Development Department 317 E. Market (PO Box -599). Meeker, CO 81641 Ot{rce970 878 9580 Fax970 878 958i email nlanninE@'co.riohlancrl.co.us June 25,2007 Page 8 B. A11 rlisturbed areas affected by TLQ sites must be reclaimed as neariy ils practicable to their original condition and shall be maintained to contr:ol dust, weeds and minrmize erosion. Reclamation shall occur no later than three (3) months after termination of the TLQ unless the PlannirLg Department extends the time period because of conditions outside the control of the Applicant. C. For disturbed areas not reguiated by the Colorado Oil and Gas Conservation Commission, the following regulations apply: 1. B.evegetation of crop iands. A11 segregated soil horizons removed frorn crop lands shall be replaced to ther original relative positions and contour, and shall be tilled adequately to re-establish apropsl 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 present before disturbance shali be reestablished' 2, Reveqetation of non-crop lands, All segregated soil honzons removed from non-crop lands shall be replaced to their original relative positions and contour as neal as practicable to achieve erosion control and long-term stabiiity, and shall be tiiled adequateiy in order to establish a ploper seedbed. The disturbed area then. shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent piant community is encouraged. In tlre absence of an agreement between the Applicant and the affe,:ted surface owner as to what seed mix should be used, the Applicant shall consuit with a representative of the local soil consiervation district to determine the proper seed mix to use in revegetating the disturbed area. D, Dunng occupation and reciamation operations, all disturbed areas must be kept free of Rio Blanco County and State of Colorado Lists A and E noxious weeds. E. Successful reclamation of the site and access road will be considered accomplished and'completed when: 1. On crop land, reclamation has been performed as per this section, and ,rbservation by the.Planning Department over two growing seasons confirrrs no significant unrestored subsidence. Rio Blanco County Pianning and Development Depanment 317 E. Market (PO Box 599), Meeker, CO 81641 offi ce e70 878 e.580 t* rrort#3t;, ittli@ Page 9 2. On non-crop land, reclamation has been performed as per this Section, and the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soiis erosion control as confirmed by the Planning Department by a visual inspection. The Planning Department shall consider the total cover of hve perennial vegetation of adjacent or nearby undisturbed land, having similar soils, slope and aspect of the reclaimed area. 3. A final reclamation inspection has been completed by the Planning Department and there are n0 outstanding compliance issues relating to Rio Bianco County ruies, regulations, orders or TLQ permit requirements and conditions. 4.The Planning Department has notified the Appiicant thatfinal reclamation has been approved. 411.6 Miscellaneous Provisions This Section is not intended to be applied to emergency or disaster situations where temporary housing is necessary. If structures, requiring Building Permits under the Rio Blanco County Building Code, are constructed for the commercial, industrial, transportation project or mineral extraction operation related to the TLQ site for which-a Special Use Permit is issued, upon expiration or revocation of the permit Certificates of Occupancy for such structures shall be withheid until the TLQ is removed and the site is restored to the satisfaction of the County Building and Planning Departments. TLQ sites must be maintained in a clean, safe and sanitary condition, free of weeds and refuse. Any hazardous or noxious materiais that must be stored on site for operational or security rsasons must be managed in accordance with all applicable federal, state and local laws and regulations. Inhabitants of the temporary housing must be Apphcant's employees andlor subcontractors, working 0n the related construction or mineral extraction operation, and not dependents of employees, guests or other famiJy members. Rio Blanco Counry Planning and Development Depanment 317 E. Market (PO Box 599), Me€ker, CO 81641 Offrce 970 878 9580 Fax 970 878 9-581 email planning@'co.ric''hlanco.co.us Iune25,2007 Page 10 A. B. C. D. E. No animals; are allowed at TLQ sites' F. If a permit for TLQ is granted, the Applicant shall notify the County when site constnrction begins. For Type 1 TLQs not requiring a Building Permit (recreational vehicles, m0t0r homes and camp trailers) the Applicant shall notify the County when occupancy begins. As to Type 3 TLQs, on-site County emsrgency services and/or law enforcement staff may be required. The cost of such may be shared between th: Appiicant and Rio Blanco County' The Pianning Department shall have the right to inspect a TLQ site, without nol.ice, to assess compiiance with the TLQ permit. A determinatjon of noncompliance with any Temporary Living Quarters, Temporary or Special Use Permit, or conditioned approval thereof, is grounds for revocation or suspension of said Permit. H. n. B. G. I. TLQ Permits may include additional requirements as may be necessary [o ensure the health, safety and welfare of the pubiic. 411.7 Reporting Requirements when the need for a TLQ at a given location is ended and the TLQ faciiity and associated structures are to be removed, the Applicant will notify the F'lanning Department at least 10 days prior to removal. Each Appiicant must submit an annual summary of TLQ use, January 1 through December 3 1, including number of persons housed in each TLQ. Reports are due by January 3 1" of each year. 411.8 Revocation and Penalties A. Faiiure to co:nply with the requirements or conditions of a TLQ Temporary or Special Use Permit may be grounds for revocation pursuant to Section 105 of Article V of the LUR or imposition of penalties or remedies pursuant to Section 104 of Article V of the LUR. fuo Blanco County Pianning and Development Department 317 E. Market (PO Box 599). Meeker' CO 81641 OfficegTO 878 9580 Fax 970 878 9581 email planning(l'ctt.rio-hlanco'co'us June 25.2007 Page 1 1 RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT County Courthouse 555 Main Street Post Office. Box 599 Meeker, CO 81641 Ghecklist for special Use permits for Temporary Living Quarters (TLQs) The following checklist is provided as an aid to completing an application for a Special Use permit for a Type 2 or 3 Temporary Living Quarter . Please refer ro the TLQ guidelineJfor additional detaiis. Not all items will apply to every application. Type of TLQ applied for: [ ] Type 1 Temporary Use Permir, (Use specific Type 1 Application Form) [ ] Type 2 Special Use permit [ ] Type 3 Special Use Permit [ ] Pre-Application Meering Date [ ] Completed Appiication - Include applicant name, address, and contact numbers, site address or location. Submit 12 copies of the final application. [ ] Required Appiication Fee - see fee scheduie in the LUR section 1 1g. [ ] Statement of Need - analysis of available housing, include anticipated/desired starting date of construction and occupancy. [ ] Legal description/ proof of ownership/ authority: [ ] If owner is other than appiicant, letter of consent conveying authority to act on behalf of the owner and contract with owner. [ ] If on pubiic lands, documentation giving proof of legal authority to use the site. [ ] Vicinity Map - a hardcopy and digital copy showing the relarionship of the site to sunounding properties, roads, cunent surface ownership and other developments on a USGS 7.5 minute series quad map. [ ] Statement of anticipated number of occupants with time periods of higher and iower needs enumerated Rio Blanco Counry Planning and Development Depanment 317 Market Street (PO Box 599). Meeker, CO 81641 Office9'70 878 9580 Fax97O 878 9-581 email planning(4co.rio-blanco.co.us Page I luly 25,2007 [ ] Site Pian, hardcopy and digital copy. This plan should show the following features as they apply to the site: [ ] Location, dimensions, and height of all buildings and other structures. For buildings include elevation drawings. [ ] Setbacks, if necessary, provide documentation' [ ] Location of access points and roads. include width and surface type. [ ] Parking, loading and vehicle maneuver areas, surface type. number of spaces. [ ] Stormwater facilities including any curb, gutters, grat'es and inlets' retention or detention facilities, pipes, and drainage ditches. [ ] In'igation ditches, pipelines, and other easements' [ ] underground and overhead utiiities including water, sswer, power, telephone, gas, and septic tank locations t t I Water wells or potable water storage Wastewater storage Solid Waste Facilities Exterior light fixtures Fencing, b-erms, walls and other screening devices or Iandscaping Fire hydrant 0r water source and capability for fire control eny #rrd features of note including unusual topography, wetlands, floodpiains, or vegetation. [ ] Open space / recreational facilities Any other proposred improvement related to the TLQ' If multiple siies, provide documentation that required spacing is met. [ ] Statement of anticipated length of time TLQ wili be needed' [ ] Names addresses, zoning and land use of adjacent propeffy and mineral right owners within 2 miles. [ ] Necessary County building permits and inspections [ ] Colorado Division of Housing approval on portable manufactured buildings (inciudes skid mounted) [ ] Building Permit on site built [ ] County Road and Bridge Permits [ ] Access Permit [ ] Oversize, Overweight Permit [ ] Utiiities Instaliation Permit [ ] Estimate of costs to construct the TLQ, broken down between materials and labor' [ ] Site Security Plan - describe private security if planned' -''r?f i,T.-';'#"i'ffi1fl$ff ',$:J,[:::B?,il1*' fftce9.t08789580Fax9708789.58lemailPlalrring@co.rio-blanco,co.us Page ? July 25, 2007 t ] In- house medical and emergency medical services plan .[ ] Sign Pian - at a minimum must be sufficient to direct emergency responders and must identify ani, sPecial hazards [ ] Transportation PIan - including anticipated traffic. type and volume [ ] Vanpooling or bussing plan I Parking Design and Policy I Company Driving Rules ] Expected impact on established roads I ESAL equivalent estimation [ ] Stormwater management plan [ ] Cafeteria facilities - if planned, include necessary certificates and iicenses. inciude details for food storage. Water System [ ] Hauling of off-site potabie warer t I source and agreement with hauling company (must be cDplIE approved, supply registration number and certification). Description including number and volumeof tuokr, demand calculations. and frequency of delivery, [ ] On-site source - If well water is used by the TLQ, attach a copy of the appropriate well permit or other legal water supply information and CDpllE approval. [ ] PIan for compiiance with testing requirements. Waste Water Systems [ ] ISDS System (inciudes septic tank/ieach field and individual package plant systems) [ ] County Building Deparrmenr permit and Approval OI [ ] Community Wasrewater Facility [ ] Permit from CDPIIE (systems over 2000 gals must have CDPFIE approval) or [ ] Hauling Servjce - description including calculation of demand, number and voiume of vaults, name and iicense number of the hauler, and disposal site. For Type 2 and 3 facilities you must show that: [ ] ISDS nor feasible due to site conditions [ ] There is regular year.round access Rio Bianco Counry Planning and Development Department 317 Market Street (pO Box 599), Meeker, CO 91641 Office970 878 9580 Fax 970 878 95BI email nlanruns@co.rio-blanco.co.us Page 3 July 25. 2007 [ ] Agreement with hauling company including contact information and backup plan [ ] Disposal detaiis, approved facilitl, and documentaijon that they are willing to accept the voiumes anticipated. Fire Protection and Emergency Services [ ] Emergency Response Map- showing detailed road access and mileage to the site from major public roads inciuding gate information with lock combinations' [ ] Emergency Response Information - Provide name, address. and phone number, inciuding 24 hour numLer of at least 2 persons responsibie for emergency field operations' [ ] Smoke alarms as required by code or condition. [ ] Single station carbon monoxide alarm as required by code or condition. [ ] One or more approved fire extinguisher, Class B or Class C, as required by code or condition. [ ] Site Fire Plan Fire protection s'ystem Water storage ta:rk specifications - if required Wildfire escape olan Building egress Escape and meeting pian posted Waste Disposal Bear-proof trash containers required Type and number of containeri required, name of hauler, frequency of coliection, and disposal Central fenced bearlroof site [ ] Copy of trash hauiing agreement Reclamation Plan - [ ] General reclamation plan for return t0 pre-development conditions [ ] Crop lands- include timing and seed mix or [ ] Non-Crop lands - inciude timing and seed mix [ ] Weed control plan. Rio Blanco County Planning and Development Depanment 317 Market Street 1.PO Box 599). Meeker, CO 81641 Office 970 878 9580 Fax 970 878 9581 email nlanning(:e)co.rio-blanco co'us Page 4 .luly 25. 2007 tlI] site. or il A copy of the following should be submitted or be on file with the County: [ ] Company Drug and Alcohol Policy [ ] Company Firearms and Weapons Poiicy [ ] House rules for the TLQ [ ] Company'DrivingRules Rio Blanco County Planning and Development Depanment 317 Market Streer (PO Box 599), Meeker, CO 81641 Office 970 878 9580 Fax910 878 9581 email plalnins(@co.rio-blanco.co.us Page 5 July 25, 2007 Ghecklist for Special Use Permits for Temporary Living Quarters FLas) ffi#q*9,..'>-1::. i Kry,]P* RIO BLANCO COUNTY DEPAHTMENT OF DEVELOPMENT CountY Courthouse 555 Main Street Post Office. Box 599 Meeker, CO 81641 The following checklist is provided as an aid to completing an application for a Special Use Permit for a Type 2 or 3 Temporary Living Quarter . Please refer to the TLQ guidelines for additional details. Not all items will appiy to every appiication. Type of TLQ appiied for: [ ] Type 1 Temporary use Permit, (Use specific Type 1 Application Form) [ ] Type 2 Speciai Use Permit [ ] Type 3 Special Use Permit [ ] Pre-Application Meering Date. [ ] Completed Appiication - Include applicant name, address, and contact numbers, site address or location. Submit 12 copies of the final application. [ ] Required Appiication Fee - see fee schedule in the LUR Section 1 18. [ ] Statement of Need - analysis of available housing, inciude anticipated/desired starting date of construction and occuPancY. [ ] Legal description/ proof of ownership/ authoriry: [ ] If owner is other than appiicant, letter of consent conveying authority to act on behalf ofthe owner and contract with owner. [ ] If on public lands, documentation giving proof of legal authority to use the site. I I Vicinity Map - a harrlcopy and digital copy showing the relationship of the site to sunounding i.op.rti.s, roadi cun'ent surface ownership and other developments on a USGS 7'5 minute series quad map. [ ] Statement of anticipaled number of occupants with time periods of higher and lower needs enumerated. Rio Blanco County Plalning and Development Departmenl 317 Market Street (PO Box 599)' Meeker, CO 81641 Office:970 878 9580 Fax970 878 9581 email planning@co.rio-blanco co'us Page 1 July 25. 2007 [ ] Site Plan, hardcopy and digital copy. This plan should show the foliowing features as they apply to the sire: [ ] Location. dimensions, and height of ali buildings and other structures. For buildines include eievation drawings. [ ] Setbacks, if necessary, provide documentation. [ ] Location of access points and roads. Inciude width and surface type. [ ] Parking, Ioading and vehicle maneuver areas, surface type. number of spaces. [ ] Stormwater facilities including any curb, gutters, grates and inlets, retention or detention faciiities, pipes, and drainage ditches. [ ] Inigation ditches, pipelines, and other easements. [ ] Underground and overhead utilities including water, sewer, power, telephone, gas, and septic tank Jocatjons Water weils or potabie water storage Wastewater storage Solid Waste Facilities Exterior light fixrures Fencing, berms, walls and other screening devrces or landscaping Fire hydrant or water source and capabiiity for fire control [ ] Any natural feafures of note including unusual topography, wetlands, floodpiains, or vegetation. [ ] Open space / recrearional faciliries [ ] Any other proposed improvement related ro the TLQ. [ ] if multiple sires, provide documentation that required spacing is met. [ ] Statement of anticipated length of time TLQ wili be needed. [ ] Names addresses, zoning and iand use of adjacent propefiy and minerai right owners within 2miles. [ ] Necessary County buiiding permits and inspections [ ] Colorado Division of Housing approvai on skid mounted) [ ] Buiiding permit on site built I County Road and Bridge permits [ ] Access Pennit [ ] Oversize, Overweight permit [ ] Utiliries insraliarion permit portabie manufactured buildings (rnciudes [ ] Estimate of costs to construct the TLQ, broken down between materials and labor. [ ] Site Security Plan - describe private securiri, ifplanned. .' i?;"i,?;?H*: ffi ,1131ffi g#:t8?,ilT'* Offrce 970 878 9580 Fax 970 trt 9,rrll ;r*, otanningt-dco.ric_btanco.co.us .luty :i. zooz t ] in- house medical and emergency medical services plan [ ] Sign Plan - at a minimum must be sufficient to direct emergsncy responders and must identify any special hazards [ ] Transportation Pian - including anticipated traffic, type and volume I Vanpooling or bussing pian I Parking Design a.nd Policy I Company Driving Rules I Expected impact on established roads I ESAL equivalent estimation [ ] Stormwater management plan [ ] Cafeteria facilities - ifplanned, inciude necessary certificates and licenses. include details for food storage. Water System I I Hauling of off-site potable water t ] Source and agreement with hauling company (must be CDPHE approved, supply registration number and certificarion). Description inciuding number and volume of tanks, demand calculations, and frequency of delivery. [ ] On-site source - If well water is used by the TLQ, attach a copy of the appropriate well permit or other iegal water supply information and CDPHE approval. [ ] Pian for compliance with testing requirements. Waste Water Systems t I ISDS Sysrem (inciudes septic tankfleach fieid and individual package piant systems) [ ] County Buiiding Department Permrt and Approval or [ ] Community Wastewater Facility [ ] Permit from CDPIIE (systems over 2000 gals must have CDPHE approval) or [ ] Hauling Service - description including calculation of demand, number and volume of vauits, name and license number of the hauler, and disposal site. For Type 2 and3 facilities you must show that: [ ] ISDS not feasibie due to site conditions [ ] There is regular year-round access .'i?fffi :iH:"i'trffi1lf,'il'#3#:tB?,UT*' Office970 878 9580 Faxg'lO 878 9581 aernail rrlanning@co.rio-blanco.co.us July 25. 2007 A copy of the following should be submitted or be on fije with rhe counry: [ ] Company Drug and Aicohol poiicy [ ] Company Firearms and Weapons policy [ ] House rules for the TLQ [ ] Company Driving Rules Rio Blanco Counry Planning and Development Deparrment 317 Market Sreer (PO Box 599). Meeker, CO gt64l Office 970 878 9580 Fax 970 878 9.591 email olanning(@co.rio-blanco.co.us Page 5 .1u11,25. 2007 B. D. E. Exhibit A Article X, Section 410, Ternporary Use Permits for Oil 410.1 Atl dritling activities related to exploration and produc 6r natural gas in State of Colorado owned as follows: Gas wells. fuo Blanco County whether on Federally owned, lndian owned' or privately o*r"d surface land require a Temporary Use Permit C. A separate tt'emporary use Permit must be obtained for each new well before "orn*"nr"ment of construction of the well pad' As to multi-well pads' a Temporary Use Permit must be obtained for the flust weli before cpllrmencenlent construction of the well pad. For each subsequent wel] on the multi-well prad, a Temporary use Permit must be obtained before corrmencement of driliing. A Temporary Use Permit must be obtained for each new well notwithstaiding the fact such well may be palt of a Special Use License issued prior to the effective date of this Section 410 or issued subsequentlY. Temporary Use Permits issued pursuant to this Section 470 we for a period of six months. A six month extenslon of the Temporary Use Permit may be obtained by application pursuant to Section 225 LUR' Temporary Use Permits pursuant to this Section (tO arc issued by the planning and Deretopmint Department pursuant to an administrative review process. All applicai>le taxes and fees must be paid before a Tbmporary Use Permit can be issued. A1l drilling activities rlust be conducted in accordance with all applicable Federal, Siate of Colorado, and Rio Bianco County iaws' ruies' and regulations and including ali required conditions of approval of the Temporary Use Permit. 410.2 Application Process A. A complete application for a Temporary use Permit as required herein, must be filed with the fuo Blanco Pianning and Development Department no later than thirty {ays prior to the date of eitimated colnmencement of operations with heavY equiPment' Rio Blanco Counry Planning and Development Depafiment 317 E. Market Street (PO Box 599), Meeker' CO 81641 Office 970 878 9580 Fax 970 878 9581 email p'lanning@co'no-blanco co us June 25, 2007 Page I RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT County Courthouse 555 Main Street Post Offrce. Box 599 Meeker, CO 81641 Application for Temporary Use permit Minor Temporary Living Quarters (Type l) Type I Temporary Living Quarters are designated as facilities for 24 or less persons contained completely within a State or Federaliy regulated parcel (such as an approvea COCCC well pad)in which reciamation, restoration, and revegetation are required by contract. This application, once complete and accompanied with supporting documentation, will be used for the decision forAdministrative Approval of the Temporary Use Permit. Please a1low 14 days before the anticipated start of construction for processing. [ ] Application for Temporary Use Permit for Well Pad (can be applied for con-cunently) t I TUP Application Fee Paid [ ] lmpact Fee Paid [ ] Staternent of Need - include anticipated/desired starting date of construction and iength of occupancy. il l-ngd description/ proof of ownership/ authority: [ ] If owner is other than applicant, letter of consent conveying authority to act on behalf of the owner and contract with owner, t I If on public iands, documentation giving proof of legal authority ro use the site. (Approved APD) [ ] Statement of anticipated number of occupants with time periods of higher and iower needs enumerated [ ] Vicinity Map - a hardcopy and digital copy showing the relationship of the site to surrounding properties, roads, current surface ownership and other deveiopments on a USGS 7.5minute series quad. [ ] Site PIan, hardcopy and digital copy. This plan should show the following fearures as theyapply to the site: [ ] Location, dimensions, and height of all buitdings and other structures.[ ] Parking, Ioading and vehicle maneuver areas, surface type, number of spaces.[ ] Pipelines and other easements. [ ] Underground and overhead utiiities including water, sewer, power, telephone, gas, and septic tank locations [ ] Potable water storage Rio Blanco County Planning and Development Department 317 E. Marker Streer (PO Box 599). Meeker. CO g1641 Office 970 878 9580 Fa>' 970 878 9.581 email nlannins@co.ri('rblanco.co-us July 26.2007 ] Wastewater storage I Exterior light fixtures I Solid Waste Facilities I Any natural features of note including unusual topography, weflands' floodplains, or vege[ation. [ ] Any other proprlsed improvements reiated to the TLQ' [ ] Type (s) of Buildings to be used - [ ] Recreational Vehicles (RVs) Number New - Used- [ ] Modular Number New- Used- [ ] Emergency Response Map- showing detailed road access and mileage to the site from major public roads including gate,information with iock combinations. [ ] Emergency Response Information - Provide name, address, and phone number, inciuding 24 hour number of at ieast 2 persons responsible for emergency fieid operations' [ ] Smoke Alarm in each housing unit. [ ] Single station carbon monoxide alarm in each housing unit. [ ] One or more approved extinguisher, Class B or Class C, in each housing unit. t ] Sign Plan - at a minimum must be sufficient to direct emergency responders and must identify any special hazards. [ ] Necessary County building permits and inspections [ ] Colorado Division of Housing approval of buildings t I County Buiiding Permit [ ] County Road and Bridge Permits [ ] Access Permit [ ] Oversize, Overweight Permit [ ] Utilities lnstailation Permit [ ] Anticipated traffic, type and voiume [ ] Vanpooiing or bussing Pian [ ] Expected impact on established roads t I Water System -source and agreement with hauiing company (must be CDPHE approved, supply registration number and copy of the certification) [ ] Sewage and Wastewater System - description including calculation of demand, number and volume of vaults, name anci license number of the hauler, disposal site. [ ] Stormwater Management Plan - if not already required by the permitting authority. [ ] Reciamation Plan - if not abeady required by the permitting authority. [ ] Revegetation PIan- if not already required by the permitting authority' [ ] Weed Control Plan - addressing interim and final weed abatement. Rio Blanco Counry Planning and Development Depanment 317 E. Marker Street (PO Box 599)' Meeker. CO 81641 Office 9?0 878 9580 Fax 9'70 878 9-581 email Plannins(@co rio-bianco cr.t us Jul1, 26. 2007 A copy of the following should be submitted or be on file with the county: I Company Drug and Alcohol policy I Company Firearms and Weapons policy I House rules for the TLQ I Company Driving Rules Rio Blanco Counry Planning and Deve)opment Deparrment 317 E. Market Street (pO Box 599), Meeker. CO gl64l Office 970 878 9-580 Fax 970 878 9-581 email nianning@co.rioblanco.co.us July 26. 2007 826 21% Rood Grond Junction, CO 8.l505 l:970.263.7800 t:970.263.7 456CoxptttERl[,H w/' pf,o 69"i111 November 5,2007 Garfield CountY Building and Planning DePartment Attention: David Pesnichak 108 8tn Street, Suite 401 Glenwood SPrings, CO 81601 Subject:Comments on Minor Temporary Employee Housing Regulations Dear Mr. Pesnichak: on behalf of an oil and gas industry working group, I am providing comments on the subject regulations in response to your emalt iequrest Oaied Octo[91 1i', ZoOl. ' This working group would like to request approximately 30 minuteslii;*.*t a detailed discussion of our comments to the Board of County commissioners (BOCC) during the hearing on Novembe r 19,2007 ' A summary of the comments is provided below. 1. The oil and gas, industry has been and continues to be in full agreement with Garfield county on the following issues: a. The need f,cr standards for temporary housing. -L L ^.._:_b. The need f,cr notification to the'Couniy and other parties when such housing is establishecl. c. rne neeJtor the County to be able to seek enforcement action for noncompliant conditions.d. The standerrds and process for larger' centralized clmps' Z. The prima[ ,it"t *n"iu the industry iiu"tg"t from the County staff on the cunently ProPosed regul ations are: a. Applicatiorr of building permits and associated requirements for all housing appears to be inconsistenfly applied to the oil and gas industry and will create significant practical and logistical challenges for both the industry and the County' b. occupanc'/ levels recommended by staff have an arbitrary basis, are in.consistent Uetween ifie iegulations fot ercn facility type, and are confusing and will be difficult to enforce.c. Review processes applied to different levels of occupancy have significant uncertainties regarding l;he content ano fiminf oith" ,pproruls that complicate planning and inhibit the RexiUitlty tnat is required in the oil and gas industry' We appreciate the continued efforts of you and other County staff in working toward a practical and efficient set of regurations lior this housing ,nJroorJo*ard io continuing our discussions regarding this issue during the meeting on Novembe r 19,2007. lf you have any questions or require additional information in tne meaniire, ptease do not hesitate io contact me at 970-263-7800' Associate Geologist ;l nviro nm e ntol Cons ullin g En gineers on d Scien ttsts Cordilleron Complionce Services. lnc' Grond Junction, CO' Denver, CO -lo 3Eo -I0) -l rn 3 E.o oo -oCa. ) CO no(o C -0) =!:of @ o 0)3o o- ooCJ,+ (Do 0) -Io- o_+r ooCff+ oo!3d =@Cn -ra= 98.o-ld9 o J TDo J o) _lr o_h 0)f 9o PoqogBE_o)f,f3oaot-t -!J3\r ]f, =E-b'!\JJ(-- =96 EA @ Pgd) = ,{',^r=JOu., ) -- ooro-idcrtDE (h == zo o 3uo -I J, so N)OO! g = r I I BP6=--t + = q ? s qE ;is€ s3 y € E g R.-o --)(otd $=o- ==o-LnEdO@cocn-Oilo- *o =@ I E E. 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Section 5.02.23: Small. On-Site Temporarv Emplovee Housinq (Small Facilitv(ies)) (1) Small Facilities, in the nature of manufactured homes [aS,defined under C.R.S. 42-1-102 (106) (b)l and/or recreational vehicles [as de{ined under C.R.S. 42-1- 102 (61), with the addition that such truck, truck tractor, motor home or camper trailer is being used for temporary living quarters and not recreational purposesl, may be utilized for housing of workers on prrojects related to commercial, industrial, mineral extraction or highway operations, pursuant to the standards for Small Facilities contained in sub-section (2), below. Such facilities are subject to all applicable requirements of Gaffield County building and fire'codes (building code, fire code), state and federal permits and relevant fire protection district(s) fire code requirements. Small Facilities shall have all o,l,,thg,following Oasil cnaracteristics: A. The Small Facility and any associated infrastructure must be completely contained Within a'dtaI.b..',.;o1 federally permitted parcel (such as a "Colorado Oil anO eas Conservation Commission (COGCC) appr.oved$iligas well pad) in which rbclamation and revegetation are secured withrthe permittin$;agency (Permitted Site); and, , B. The'srnall .Facility., is located at the Permitted Site for less than a ,ir,,,,: ,:.,,cuffiulativel.of 66e,,(1,) year and at the end of the utilization period, all .-:::. :':' "l,sj1uug,}urgs;,f.ouldations and associated infrastructure are completely ttt.',' remoiT.ed; ood;il- ,:.,. C. The Smhtt On-Site Temporary Employee Housing Facility shall containMelve (12) or fewer beds of whlch a maximum of l/z of the f..,.proposed,l6s6r may be occupied at any given time to accommodate -';;employees, contractors or sub-contractors of the operator of the small ta,gi|jrtr and are needed for onsite safety of the related commercial, inclUstrial, extraction or highway operation. Temporary employee housing facilities that do not have the three characteristics listed above, i.e., (1)contains 7 to24 beds or (2) contains 25 or more beds at any one time, (3) on location for more than a cumulative of one (1) year; or (4) are not completely contained within a Permitted Site, 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 therein, and in Section 9.01.06. T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOcc 11-19-2007\DRAFT - Section 5-02-23 - Small Temporary Employee Housing.doc Page 1 tt/8t2N7 zoninsnesotL:tiTiLIiXr"f ::i5lf.:f ".3.",['lTS:8itX.3fr DRAFT (2) Submittal requirements for Small On-Site Facilities. Prior to submittal to the Building Department for a Building Permit, the applicant shall submit all below docum6nts (with exception to (A), below) to the relevant fire protection district(s) and the Garfielol County Sheriff's Office. The following items shall be submitted at the time of Builcling Permit to the Building Department: A. A fc,rm, provided by the Building Department and signed by a reprelsentative of the relevant fire protection district(s) and/or Garfield County Sheriff's Office indicating that the respective office has receivbd all below document required in Section 5.02.23(2) and are of adecluate quality to perform the necessary functions of the respective Office or district. B. A form, provided by the Building Department, indicating the anticipated dates of installation and removal of the Small On-Site Facility and a representation of thb total cumulative length of time (nunrber of days) that the Small Facility will be installed at the ProPosed location. C. A form, provided by the Building Department, indicating the name, title, address, phone number and email address of the Operator's employee or other,,authorized repres.entative who is in charge of ensurring that the S,ryt1-On-Site Facility is...in compliance with the stan,Cards outlined't1n'::section 5.02.23 ("Operator's Compliance Officer''). D. A form, provided Oy tnl,'Department and signed by tl-re -Operator'sConrplianCe Officer, indicating that the Small On-Site Facility will be insteriled in accordance with all applicable Gadield County, relevant fire rJistr:ict, state and federaf 'regu|ations. . r';,'''' 'i ll, E, A form, provided by the Department and signed by the Operator's Con:rpliance''Officer, indicating that the Operator submits to the ns identified within Section (1), above', 't, enforcement Prwisio i'l ,, F. A cgpy of the permit from the state or federal agency, regulating the , , , perrniited Site, identifying the location, conditions of approval, time ' . period for which the permit is valid and the parameters for reclamation and :revegetation of the Small On-Site Facility once the state or federal permit for the Permitted Site has expired or is otherwise terminated. G. Site Plan: The Applicant shall submit an adequate site plan, cons;istent with the requirements listed below: 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 surrounding public roads, private roads, adjacent utility systems, residential development, other actively permitted T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOCC 11'19-ZO07\DRAFI - Section 5-02-23 - Small Temporary Employee Housing-doc Page2 1U8/2007 zoninsResortiiTi':liJ,.#:i5H.:I:?!:'iilT&T5ili:l,; DRAFT Small On-Site, Minor and Major Facilities, natural drainage courses and municipalities within one (1) mile of the proposed Small Facility; north arrow and scale; GPS coordinates and current sudace 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 depicted at a minimum of 40' intervals. ii. Surveyed layout of the proposed Small On-Site Facility within the surveyed boundaries of the Permitted Site, including at a minimum: sewage and wastewater disposat, trash receptacles, potable wgter storage, all other associated infrastructure and aliiiother equipment located within the Permitted Site. iii. ldentification of the,rprivate and public roadways accessing each Small Facility. Roadways shall be marked as open, gated, and/or''loCkbd (inclgQq combinaticins). Detailed directions, with mileage, shall be given fro# the nearest town within Garfield Cbu4ty, nearest Gar-field County Sheriff'S -Office dispatch location and responsible fire district he'adquarters to each SryratlOn-Site Facility, along each roadway. iv. {.Jame, address and phone'number of surface owner of the ,., ,., Subject lot. : ' v. Narne, address and phone number, including a Z4-hour -:.,,- erTlergency response number of at least two persons ",,: 'reSponSib'le for Operator's emergency field operations; ,ibntact numbers for local hospitals, emergency response, fire'rprotection districts, Garfield County Sheriff's Office,..", Life/Care Flight, and applicable regulatory agencies; site 'i safetV/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 On-Site Facility. The site plan shall include a notation of the total cumulative length of time (number of days) that the Small On-Site Facitity wilt be installed at the Permitted Site. (3) small Facilitv standards: All submittal requirements, application forms, timeframes for review shall be in accordance with the building code. Enforcement shall be in accordance with the building code and the enforcement provisions detailed in subsection (1), above. The Small Facility shall demonstrate or certify compliance with the following standards at the time of building permit application: T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOcc 11-19-2007\DRAFT - Section 5-02-23 - Small Temporary Employee Housing.doc Page 3 1y8t2007 Small Temporary Employee Housing Regulations Zoning Resolution ot 1978 as Amended, Section 5 02'23 (New) DRAFT A. Small Facility must comply with all applicable federal, state and local laws and regulations. B. lf the Small Facility contains recreational vehicles, such vehicles shall comply with ANSI/NFPA 1 192 standards for recreational vehicles. C. ln n,c case Shall unsafe water be used for drinking nor Shall raw sewage or contaminated water be discharged on the ground sufface. The operator shall conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable water samples specific for coli form bacteria. Any tests indicating 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 D. Each Small Facility shall be maintained in a clean, Safe and sanitary conclition, free of weeds and refuse. Any hazardous or noxious materrials that must be stoied at the Small Facility for operational or securrity reasons must be managed in accordance with all applicable federal, state and local laws and regulations. E. At least one thiftyr'(30), gallon (4 cubic feet) wildlife-proof refuse container shall be' provjded. for each manufactured home or recreational vehicle unit. ', s,qjs,,.container(s) must be durable, waslrable, non-absorbent metal or pla$tic with tight-fitting lids. :: ::F. Refirse shall rbe disposed of weekly, at a minimum. Operators must . keepr approprriate records, r'to be provided to the county or any inteie'sted third party upon rbquest, to demonstrate that refuse is .., l;l colfected in a timelylashion and disposed of at a licensed facility. G. Outaloor food storage is prohibited' i'i.,,1,i, H' ,rjirii: lir,. Manuflbtured hOme or recreational vehicle units equipped by the manufaCiurer with a fire sprinkler system, fire detection system, and/or alarrn $ybtem shall be inspected, tested, and maintained in accordance with 2OO3 IFC 5901.4 and $901.6 and as required by the ?ble-v t fire protection district(s). Smoke alarms and manual fire alaiin systems shall be installed, inspected and maintained in all other minufactured home or recreational vehicle units in accordance with 200i] lnternational Fire code (lFC) s907.2.9 and s907.2.10 and the requirements of the relevant fire protection districts. Single-station carbon monoxide alarms shall be placed in each manufactured home or recreational vehicle unit. one (1) or more approved fire extinguisher(s) of a type suitable for flam;mable liquids, combustible materials and electrical fires (Class ABC), or dry chemical, shall be located in each manufactured home or t. T:\dpesnichak\Land Use 20llnText Amendments\Essential Personnel\BOCC II-19-2007\DRAFT - Section 5-02-23 - Smalt Ternporary Employee Housing.doc J. Page 4 11t8t2007 Small Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0r.r3D$e$ recreational vehicle unit and placed in accordance with applicable codes. K. Domestic animals are prohibited at all Small Facilities. L. A water storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. The size of the water storage tank shall be determined by the relevant fire protection district or Sherritf's Office (if not located within a fire protection district). ,, ,,, , ..: M. The operator shall document all emergency situations requiring action by any government agency or fire protection district, in writing, and such documentation shall be presented to the Building Department and Garfield County Sheriff's Office within 24 hours,of the occurrence..'... N. All required Access Permits shall be obtained from the Garfield County Road and Bridge Department or the Colorado Deparlment ofTransportation. t,',, . O. The Garfield Coiinty .sheriff's Office and relevant fire protection district(s) shall be notif,led,,,at least 24 hours prior to installation and removal of each Srnall 'Facrility* The Building Department shall be copied on all such notification;"Whb.tft9r,,t-rard copy or electronic. P. The. operator shall ,]tni ,"";il! identifying workers, whether employees or,sub-contractors, and documenting the dates that each 'worker is housed at the Small Facility. Such records shall be provided to the,Cgunty or any additional third party upon request. Q. Wastewater,Disposal: ,,. ,,,. i. rVault Systqrn: All vault systems shall be designed and installed, f*ff',"#8",i:l:n'["",.iln:[Jii:"iHil'#Jlf:f"J?'ifgH:i .;. Facility. ln addition, all vault systems shall be equipped with an,, :HIfH"35y,*lf,i,["il ?r,'t:Iilffii i","?ff':,::":?: person per day. lf a vault system is proposed or has been' approved, the ApplicanVOperator must: a. Demonstrate that year-round vehicular access is available and maintained for safe and 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 landfill receipts as public T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOcc 1l-19-2007\DRAFT - Section 5-02-23 - Small Temporary Employee Housing.doc Page 5 1t/8t2007 Small Temoorary Employee Housing Regulations Zoning Resolution of t9l8 as Amended, Section 5 02'23Dgf;Hl records,availabletotheCountyand/oranyotherinterested third PartY upon request. d.lfthetotalwasteproductionfromafacilitywillbe2000 gallons per day or greater based on a production of 75 lallons of wastewate-r generation per-person per day' then ihe facitity snarioe servLed by an lsDS. Hauled sewage and wastewater service shall noi be permitted for any facility whichwillgenerateatotalof2000gallonsofwastewaterand sewage Per daY' -' "'il''''"' ii. tndividual sewage Disposal systerni',{lsDs); lf ,an lsDS is proposed, then ii shall be designed, r.nstall:1-and operated to accommodate the maximum number of persons who will inhabit theSmallFacilityandshallotherwisebepermittedandoperated in accordance with the GarJield county ISD'$',regulations as contained in BOCC nryot lon Number 1994H-136" ", The use, ,,Small ,Cn-Site Temporary Employee H,ou-sing Facility 'l:^oTPl'nce with Section s.oz.zi' *itt u" added as a use'by-rigntitl 16e 3'01 A/1, 3'02 A/F/RD' 3'03 RLSD, 3.04 RLUD, 3.05 RGSD, S.OO nouo,^e 9z -c!,j:gP CG', 3'09 os', 3'10 RL', 3.11 R/MH lGlUD,g.lZtl,3.13 PA,'3'14 DWC, 3'15 Cpl'l/C,rr 2.02.512TemPorarv E The use, during tim6s of housing shortage, of manufactured homes andior recreational vehicles ", ,."ror"f,L nor.ing,"utitizeO ioi a perioO of time not longer than one year' for workers who are engagedr'in a commercial,rindustrial, mineral extraction or highway "p"r"iil. "rf*1.ro'Jtr,".""dortit" tor the proper execution and safety of the related operation, including: 1. Small Facilities; which may contain up to 12 beds of which a maximum otVz of lhe proposed o"Ji, ui" *cupieo at any given time on a "Permitted site", as defined in section 2.02.421; ' 2. iiii""r i";ilittoi *r,ibn contain 7 - 24 beds on a "Permitted Site", as defined in section 2.02"4',2.1; 3. Major facititieStwhich contain 25 or more beds; or which contain a fewer number of beds, out aie noi*notty locaied on a "Permitted Site"; or which are planned to be utilized foi ri period of iime longer than one-y-e^ar; or othemrise meet the requirements of Section 5.02'21and Section 5'02'22' Such facilities are sutrject to land use approval by means of either an administrative pr*.6 or a public heiaring process, und"t the circumstances, standards and requirements contained in-sections 5.05.21 or 22lor 23iot this Zoning Resolution' 2.02.421 Permitted Site: T:\dpesnichak\LandUse2:00nTextAmendments\EssentialPersonnel\BoccLL-19-2007\DRAFT- Section 5-02-23 - Small Temporary Employee Housing'doc Page 6 tU8t2007 zoningnesorr.iiTi[lis'f::i:H.:[:"'H,li'lL1&:S5lJ:l,; DRAFT A parcel of land, generally a portion of a lot, as defined in Section Z.O2.}Z, designatedfor a commercial, industrial, mineral extraction or highway operation for which a federalor state permit is issued. To meet the definition of "Permitied Site", such permit mustgrant the approval of fhe appropriate state or federal agency for the commercial,industrial, efiraction or highway activity(ies) and must requi-re th-e provision of securityfor the reclamation (including revegetation) of the site. T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOCC ll-lg-2007\DRAFI - Section 5-02-23 - Small Temporary Employee Housing.doc PageT tt/8t2007 lr:,' .'ir,'iia:.t1! ,ti ll::: lll: iiil '.. 'llrP :: 'tttl f i:' ', lliL4l,..'!'l:;:..::{ alui:air1. ill Lti, ',.a.',:) .,.., -. l _iittii:::.:iLt.: Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02.22 (New) Minor Permit - (Contain 7 to 24 beds) 5.o2.22-AdministrativePermitforMinorTemporaryEmp@es (Minor Permit): (1) Minor Temporary Employee Housing Facilities, in the nature of manufactured homes [as defirred under C.R.S. 42-1-102 (106) (b)] and/or recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such truck, truck tractor, motor h,crTle or camper trailer is being used for temporary living quarters and not recreational purposesl, may be granted land use approval for projects related to comnrercial, industrial and mineral extraction operations in any Zone District by the Eiuilding and Planning Department Director (Director), through the Minor Permit process. Such housing shall be of a temporary nature, and at the expiration or otl"rer termination of the Minor Permit, all structures, foundations and associated infrastructure shall be completely removed. Such facilities are subject 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 requirerments. Minor Permits slrall have all of the following basic characteristics: A. The l\4inor Temporary Employee Housing Facility and any associated infras;tructures ("Minor Facility(ies)") must be completely contained within a state or federally permitted parcel (such as a Colorado Oil and Gas Conservation Commission (COGCC) approved oiligas well pad) in which reclamation and revegetation are secured with the permittlng agency (Permitted Site); and, ,B, The Minor Facility'is located at the Permitted Site for less than a cumulative of one (1)year; and, C. The lVlinor,Facllity shall contain seven (7) to twenty-four (24) beds to' accommodate employees, contractors or sub-contractors of the , operator of the small facility and are needed for onsite safety of the ; ,, I€lated commercial, industrial, extraction or highway operation. Temporary employee housing facilities that do not have the three characteristics listed above, i.e., contain of 6 or fewer beds, on location for more than a cumulative of one (1) year or not completely contained within a Permitted Site, i.e. "Small Facility'' or "Major Facilities", are subject to the special use review process and standards and requirements contained in Section 5.02.21 or 5.02.23 and the enforcernent 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 (Department) and be issued a Minor Permit by the Director prior to commencing installation of the Minor Facility. T;\dpesnichak\Land Use 200'7\Text Amendments\Essential Personnel\BOCC 11-19-2007\DRAFT - Section 5-02-22 - Minor Temporary Employee Housing.doc Page I 1u8/2007 Minor Temporary Employee Housing Regulations Zoning Hesolution of 1978 as Amended, Section 5.02 22D$l? A. Minor Permit and Area Wide Development Plan (AWDP): Each Minor Facility application shall be reviewed by the Director and an administrative determination 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, following approval of an AWDP, leading to multiple Minor Permits. Approval of an AWDP, 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. ,.:l' B. ldentity of Applicant. The Applicant for a.Minor Permit or for approval of an AWDP must be the owner of ther$urface';estate of the subject lot (Owner), consistent with Section..,,9'oT this Zo'ni,ng Resolution. lf a representative is acting on behalf ,the Owner,'hn,acknowledgement from the Owner shall be included with the application submittals required by Section 4, belouSuch an acknowledgmentr,rnay be in the form of a letter of authority/agbncy or ailease, sudace us6 agreement or similar document of legal effeet:.demonstrating that the Owner has given the representative permisSioh;.,,,!o use the surface estate for installation of one or more Minor Facilitbs and permission to process applications for land-use and building Codp,,permits on behalf of the Owner(s). The representative may .be the operator of the Minor Facility(ies) (Operator), a land use plann6r, engineer, consultant or any othe.r type of authoiized represenlative/agent. .: . :]. C. pubtic Notice: At the time of submittal of an application for a Minor Permit or approval of an AWDP, the Applicant shall demonstrate that notice was nrailed to adjacent property owners within 200 feet of the subject:rlot,' as identified in''the Garfield County Assessor's Records; , and separated mineral estate owners, as identified in the records of , ,r, the Garfield Counly Clerk and Recorder. Public Notice shall include r ,,',,, at a minimum: name of the Applicant and representative (if different), , , description/map of the subject lot with proposed location of Minor.: : Facility(ies), general 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 AWDP, along with the submittals listed in Section 2, above, shall submit: A. A master map/site plan in accordance with Section 4(H), below, identifying the proposed location and anticipated layout for all Minor T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOcc 11-19-2007\DRAFT - Section 5-02-22 - Minor Temporary Employee Housing.doc Page2 tt/8t2w7 Minor Temporary Employee Housing Regulations Zoning Resolution of 19i8 as Amended, Section U'O' '?$fl+ Facilities to be installed within the AWDP. Site specific, surveyed maps depicting the location of each Minor Facility, located within the Peirnitted Site within the subject lot, shall be submitted with each indil,idual 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 inrstallation and removal for each Minor Facility' The list shall also inclurde the estimated total cumulative length of time (number of days) that the Minor Facilities are anticipated to be installed at the proposed location. c. Sigrr-offs from the GarJield county sherriff's ^oLfi3e, relevant fire pr5rection district(s), and Galfield County Building Department consistent with Section (A) and (B), below' D. A lelgible photo of the state or federal "certifying stamp" for each hou,iing unit anticipated to be used within the . AWDP "lddenronitration that each proposed unit meets current building code and Gar{ield County fire code requirements' E. A gr:neral description of infrastructure and services listed in Section 4 (Ci - (E), betow The,letail required at the time of application for a Mincr permit is not requiieO at i1re time of application for approval of AN I\WDP. F. procf that iequired publiC:noticing has been pefformed in accordance withr Section 2(C) above' ' tt'-''t' Assumin:g,: approval of the AWDP, . following the timeframe for , ,r"gon"id5ratlon'O"tailed in Seciion 6 below. The Applicant may proceed .::.:.i: rtO subr,nit indiVidual appliCations for the Minor Facilities proposed within ,.,"t the AVllDP, in accordance with the submittal requirements, standards, ., =i , adminis;trative review process and timeframes and the reconsideration '- ''"-,.,.,, process and timeframes, stated in Sections 4 - 7, below' (4) Submittals for Minoi Permit, including Minor Permit application for which an AWDP was PnrviouslY aPProved: A. Sign-offs: review from the GarJield County Sheriff's Office and reiirvant fire protection district(s). lf an AWDP was previously aff,roveo in accordance with section (3), above, the Applicant for a Min,or Permit need not resubmit the sign-offs' B' sign-off: review from the Gadield County Building Department of the stire or federal "ceftifying stamp" for each housing unit proposed for user and demonstration tnat each proposed housing unit meets current nultoing code and fire code requirements. lf an AWDP has been previoristy approved which includes the Minor Facility presently being permitted, the Applicant shall identify the housing units which will be T;\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOCC 7L-19-2007\DRAFI - Section 5-02-22 - Minor Temporary Employee Housing'doc Page 3 1U812001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section , * UrrffiS used at the Minor Facility from the list approved as apan of the AWDP. C. General description of the water system planned for potable water, along with details regarding number and volume of potable water tanks, source of water, name of hauler, haurer's colorado Department of Public Health and Environment (cDpHE) registration number andcopy of hauler's CDPHE certification, frequency of delivery, and calculation of water demand and demonstration of adequate capacity. D. A-general description of the system planned for collection and storage of sewage and wastewater, along with details'regarding number and volu.me of sewage and wastewater vaults, name of hauler, frequency of pickup, identification of sewage disposal site, calculation of se*age and wastewater treatment demand and demonstration of adequa-te storage and/or treatment capacitl/ . ,, '', ,, E. A general description ot. thit systern planned toi'lcottection and disposal of refuse, along with detaits regarding refuse collection, including number, type and volume of containeis; name of hauler; frequency of collection; and identification.of refuse disposal site. F i,lfi ' ?l;''3: :;nT,3iJ#'Xl' ilH il, 3?' rl i."fl L' n 3 # lJ,:., 3: Jli) Assessor's records, and a list.of ,separateb mineral estate owners inthe su,bject lot, as identified in "'the Gaffield County Clerk and Recordeis records. ' ,l G. A liit of the final dates of installation and removal of the Minor Facility 2p6l 2t.,I€plgserrtation of the total cumulative length of time (number of : H. Site .Plan: The, Ap-plicant shall submit an adequate site plan,, consistent with ;Section 9.01.01 of this Zoning Resolution and the requirements Iisted below: '' iJJi",f;::'i,:1 :ffiifl"'F"H:ft:T""ty$%:i13ll,ilfi:.' surrounding public roads, private roads, adjacent utility systems, residential development, other actively permitted Minor and Major Facilities, natural drainage courses and municipalities within one (1) mile of the proposed Minor Facility; north arrow and scale; GpS coordinates and current surface ownership of the subject lot. The vicinity map shall be presented on a USGS 7.S minute series quadrangle at a scale of 1"=2000, or equivalent, with a topography depicted at a minimum of 5'intervals. ii. surueyed layout of the proposed Minor Facility within the T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOCC l1-L}-2007\DRAFI - Section 5-02-22 - Minor Temporary Employee Housing.doc Page 4 1U8t2007 t. T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOCC ll-19-2007\DRAFf - Section 5-02-22 - Minor Temporary Employee Housing.doc Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0, ,2D$f;;? surveyed boundaries of the Permitted Site, including at a minimum: sewage and wastewater disposal, trash receptacles, potable water storage, all other associated infrastructure and all other equipment located within the Permitted Site. iii. ldentification of the private and public roadways accessing each Minor Facility. Roadways shall be marked as open, gated, and/or locked (include combinations). Detailed directions, with mileage, shall be given from the nearest town within Garfield County, nearest Garfield County Sheritf's Otfice dispatch location and responsible fire district headquarters to each' ,Minor Facility, along each roadway. iv. Name, address and phone number of sudace owner of the subject lot. v. Name, address and phone,.Il-umfer,. including a 24-hour emergency response'' rnumber of at least two persons responsible for Operator's emergency field operations; contact numbers for local''hospitals, emergency response, fire protection districts, Garfield 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. vi. ldentification of the final dates of installation and removal I I of the Minor Facility. The site plan shall include a notation ', of the total cumulative length of time (number of days) that The rrame, title, ,address, phone number and email address of the Operator: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 Compliance Officed'). A forrn, provided by the Department and signed by the Operator's Compliance Officer, indicating that the Minor Facility will be installed in accordance with all applicable Garfield County, relevant fire district, state and federal regulations. A forrn, provided by the Department and signed by the Operator's Compliance Officer, indicating that the Operator submits to the enforcement provisions identified within Section (8), below. A copy of the permit from the state or federal agency, regulating the Permi'lted Site, identifying the location, conditions of approval, time period for which the permit is valid and the parameters for reclamation J. K. Page 5 1U8t2007 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.0r.3$leHl and revegetation of the Minor 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 an AWDP to the Department, 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 AWDP is deemed technically compliant by the Director, the :Director shall issue a determination of approval, approval with csnditions or denial within fourteen (14) calendar days following the date of technical compliance determination. Unless otherwise provided herein, the expiration of any time limitation imposed upon the Board of County.,Commissioners, the Planning Commission, or any other County representative, shall be interpreted as having consequence only in entitling an interested party to request judicial relief in the nature of mandamus. The expiration of any such time limitation shall,not, in and of itself, be considered as approvalor denial of any application, plan or plat under consideration. l: ii i B. lf the Director finds in reviewing an application that the application meets the standardg'set f.o(h in this Zoning Resolution, the Director shall approve the application for a Minor Permit and issue the Minor Permit to the Owner ol:the Su,bj.ec1,.l,gt or approve the application for annroyalrof an AWDp. ,,.,,U.,r. l,ii,L,; C. lf tft Director finds that the application does not meet an applicable 'standard or ,standards, tl1e. ,application may be approved with approp-f,iate,,reasonable conditions imposed to avoid or minimize the ,=i:,:,i!ir.r.Eignificant.adver5e:impacts of the Minor Facility(ies). Such conditions .,.,:.,,i,::::'i:;''ri'ir:Li ay,,,include,,.but are not necessarily limited to, the relocation or . i" mcrdificatiol.'of-nr,enosed access roads, facilities (including water and . ,'.i-, ,,,,. sewd'r, ilities),'or'structures; landscaping, buffering, or screening; or,r,j,i;r, any othdtt measures necessary to mitigate any significant impact on ',", ;. i.,*, surrounfliqg properties and inf rastructure. D:m tne Diiector finds that the application does not meet an applicable"Sta,pdard or standards and that the non-compliance cannot be mitigated through a condition(s) of approval, the Director shall deny the Minor Permit or application for approval of an AWDP. (6) Reconsideration Hearing: Once the Director issues a determination 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 applicant, adjacent propefty owners within 200' of the subject lot, the Owner(s), subject lot separated mineral estate owners, and/or the Board of County Commissioners (BOCC) to reconsider the determination made by the Director. The Director's determination shall become final only after the expiration of this T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOCC L1-L9-2007\DRAFI - Section 5-02-22 - Minor Temporary Employee Housing.doc Page 6 tt/8/2001 Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5'02'22D$? fourteen (14) calendar day period, and only if the determination is not reviewed and acted upon by the BCiCC at a subsequent reconsideration hearing. A. Req,ussl by Applicant or Adjacent Property Owner for Reconsideration of Decision. i. Written Request. The Applicant (and the Owner, if the Owner is :?ilTTL"rl"To$"5"?fl "':,['i]L?);iollE]";Xrl1'il"J'JJ.iffi II fr ffi:,'jJliflti"JJffi ",?,"J.;'#:xfJ.l';,i.:^"fi JI"ffiff ij-i ::,j . , ii. Schedule Public Hearing. A public hearin$,.b,y the BOCC shall be held at the next available BOCC's regularly Scheduled meeting date in which all required prior I public noticing can take place (Reconsideration Hearing).-, "' iii. Nlotice by Publication. At lea:st thirty (30) calendar days prior to the daLte of the scheduled ReconSideration Hearing, the aggrieved party shall have published a notice of,public hearing in a newspaper of general circulation in the area in which the proposed Minor Facility or AWDP is located. ,,,-, r' iv. l,lotice to Adjacent Property,Owners. At least thirty (30) calendar derys prior to tfre date of itre icheduled Reconsideration Hearing, the aggri6ved party shall send by certified mail, return receipt f :i :;':i ;r yJj H :.1 Tffi IJ T,,f; il' x., I "ff ' ?fl"'",.ji;.iff '? ,fl notice shall: include a vicinity map, the legal description of the surbject lot, a short narative describing tL: yilol-F?:11Y,:' AWDP'' and an' announcemeht of the date, time and location of the soheduled Reconsideration Hearing' I v. BOCC Decision. The BOCC shall conduct the Reconsideration , H,3aring and, based upon the evidence received at the hearing, the 3lT,iiHIHI3l3.:i""3J:Tlff .iffi?ll;J"?tH$:':::5fl il":l ;;tiil ;;ffin *itn tn" regulations contained in this Zoning Resolution and, specifically, Section 5.O2-22. B. Call-up by Board. Within fourteen (14) calendar days_oI the date of receipi of notice of the Director's decision, the BOCC may at its disc;retion, decide to reconsider the Director's decision at the next regr.rlarly scheduled meeting of the BOCC for which proper notice of hearing can be accomPlished. i. Call-up Vote. The BOCC shall consider the call-up request, by one or more commissioners, at the next regular meeting of the Bocc T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOcc 11-19-2007\DRAFT - Section 5-02-22 - Minor Tr:mporary Employee Housing'doc PageT ty8/2007 zoningResor#ffi lixr"J::i5Hi:[:"Hli'iTg:#iffi l,; DRAFT and set a public hearing by a majority vote of the BOCC in favor of the Reconsideration Hearing. ii. Notice by Publication. At least thirty (30) calendar days prior to the date of the scheduled Reconsideration Hearing before the BOCC, the Director shall have published a notice of public hearing in a newspaper of general circulation in the area in which the proposed Minor Facility or AWDP is located. iii. Notice to Adjacent Property Owners. At least thirty (30) calendar days prior to the date of the scheduled Reconsideration Hearing, the Director shall send by certified mail, return receipt requested, a written notice of the public hearing to the, owners of record of all adjacent property within 200' of the subject lot. The notice shall include a vicinity map, the legal desCription of the subject lot, a short narrative describing the Minor . permit or AWDp, and an announcement of the date;r,,Ltime ind location of the scheduled Reconsideration Hearingr,,,io, . ,.0u, ', li, ..,,.,r, *!,,,'1, ,, . ,i l .: iv. Decision by BOCC. The BOCi,sha'ii ConOuct the Reconsideration Hearing and, based upon the evidence received at the hearing, the Board may uphold the Director's'de"'ision, modify the decision or reve{se the dec.lslgn,'based upon complianqe of the proposed Minor Facility or AWDP with the regulationS,,ibntained in this Zoning Resolution and, specifically, Section 5.O2..22. (7) The Minor Facility Sh?ll adhere to the following Minor Permit standards: A. Minor facitities must comply with all applicable federal, state and local laws and regulations . ' ' -- --rr"--- . B. Operator must keep and'maintain appropriate records, to be providedto the County, or . any interested third party upon request, to demonstrate that pstable water supplied and sewage and wastewater,,:, meet the representations contained within the applilation, as required' .:, by Section +1Ci anO (D) above. C.', ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground sudace. The operator shall conduct monthly tests (or quarterly if an on-site diiinfection system is installed) and maintain records of stored potable water samples specific for coli form bacteria. Any tests indicating 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. D. 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 operationat or T;\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOCC ll-lg-2007\DRAFI - Section 5-02-22 - Minor Temporary Employee Housing.doc Page 8 1y8/2007 zoninsResor#ffi li5,.J:1i5Hi:I:'.!.11i1'.1&i#'fffi x,l DRAFT security reasons must be managed in accordance with all applicable federal, state and local laws and regulations. E. At l=ast one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall be provided for each manufactured home or recrt-'ational vehicle unit. Said container(s) must be durable, waslrable, non-absorbent metal or plastic with tightfitting lids. F. Refuse shall be disposed of weekly, at a minimum. Operators must keepl 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. Outcloor food storage is prohibited unless facilities that prevent the attraction of animals to the Minor Facility are provided. H. Manufactured home or recreational vehicle units equipped by the manufacturer with a fire sprinkler system, fire detection system, and/or alarrn system shall be inspected, tested, and maintained in accc,rdance with 2003 IFC 5901.4 and 5901.6 and as required by the relevant fire protection district(s).' Smoke alarms and manual fire alarrn systems shallibe installed, inspected and maintained in all other manufactured home or recreational vehicle units in accordance with 2003i lnternational Fire Code (lFC) 5907.2.9 and 5907.2.10 and the requirements of the relevantJireprotecfion districts. l. Single-station carbon monoxide alarms shall be placed in each manrufactured home or recreational vehicle unit. J. One (1) or more approved fire extinguisher(s) of a type suitable for .,r,r,,.r, flammable'liquids, combustible materials and electrical fires (Class I '' i' " l,ABC), or dry chemical, shall be located in each manufactured home or recrerational v6hicle 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:'j. ineral,'r'extraction operation, and not dependents of employees,' ubsFor other family members.Quess ur utttEI tattttt L. Within 10 days following the expiration or other termination of the Minor Permit or represented date of removal identified within the Minor Permit, all housing structures, foundations and associated infras;tructure shall be completely removed. The Operator shall provide the Department with photos, dated and signed by the Operator's Compliance Officer, indicating that all housing structures, founclations and associated infrastructure has been removed within the specified timeframe. M. No domestic animals are allowed at a Minor Facility. T:\dpesnichak\Land Use 200nText Amendments\Essential Personnel\BOCC 1L-19-2O07\DRAFT - Section 5-02-22 - Minor Tenrporary Employee Housing.doc Page 9 tt/8t2007 N. Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02.22 (New) DFIAFT A water Storage tank shall be required to provide water to the sprinkler system and initial suppression activities. The size of the water tank shall be determined 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 fire 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 suppression, operation of sprinkler systems (if applicable) and wild land fire protection. :l' All emergency situations requiring action,b, any government agency or fire protection district shall be documiint6(,if6l, writing and presented to the Planning Department and Garfield Countfi;Sheriff's Office within 24 hours of the occurrence . .: All required Access PermitS,,shall be obtained from the' Gadield County Road and Bridge Depahment .9i,the Colorado D0partment of Transportation. ,i;,',:.= The Garfierd county sheriff's o#1[i ,ro retevant fire protection district(s) must be notified at least Z+'fibup.nrior to installation and removal of each Minor Facitity,.The Departmbnt shall be copied on all s uch notif ication, whethe r h ard,cop.y,or e-lectron i c. The, Operitor 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,.of ,any additionalthird party upon request. Wastewater Disposal: i. Vault SyStem: All vault systems shall be designed and installed to accomrnodate 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 , ovedlow alarm device. Vault systems shall be 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 ApplicanVOperator must: a. Demonstrate that year-round vehicular access is available and maintained for safe and regular access for sewage hauling vehicles. o. P. o. R. S. 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 landfill receipts as public T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOCC 11-I9-2007\DRAFI - Section 5-02-22 - Minor Temporary Employee Housing.doc Page 10 1u8t2007 (8) Enforcement: A. Procedures: Violations of Section 5.02.22 are subject. to Section 12 and Section 9.01.06 of this Zoning ReSolution and the procedures contained in this Section (8). , , B. lnsprection: The BOCC reserues the right to inspect any Minor Facility, inciuding l'structures and infrastructure and any other related imprrovehents, and/or required documentation related to the Minor faiifty, through its authorized representative(s), to determine if such are in compliance with this Zoning Resolution and, specifically, .:.. Section S,02.02; the building code and fire code; and specific : ,,,' Conditions of the Minor Permit. Such authorized representative(s) may insp,ect ISDS systems under the County ISDS regulations (adopted by BOCC'],Besolution 1994H-136). Any official performing an inspection Minor Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02.2e$? 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 lsDS. Hauled sewage and wastewater service shall not be permitted for any facility which will generate a total of 2000 gallons of wastewater and sewage per day. .,:,,t. ii. lndividual Sewage Disposal System'l',(ISDS): lf an ISDS is proposed or has been approved,: then it shall be designed, insialled and operated to accommodate the maximum number of persons who will inhabit the.Minor Facility and,shall othenrvise be irperated in accordance with the Garfield County ISDS regulations as contained in BOCC.Res.qlution Number 1994H-1:36-.,' shall abide by all laws of search and seizure, as set forth by federal and state'statutory and constitutional provisions, in accessing the Min,cr feCitity, the Permitted Site and the subject lot. Visits to a Minor ,riFacility,, y a fire protection district or the Garfield County Sheriff's Offioewill be reported to the Director' C. Perrnit Revocation: All enforcement actions run with Minor Permits for indi'yidual Minor Facilities and are not applied to AWDP's. If it is found, consistent with the procedure identified in Section 9.01.06, that the perrnitted Minor Facility was not installed in conformance with or is out of conformance with any of the standards established in this Res,olution, applicable building and/or fire codes or specific conditions of tlre Minor Permit, the Minor Permit may be suspended or revoked by 1he BOCC. The BOCC may also suspend or revoke the Minor Penrnit upon notice from a state or federal agency or a fire protection distnict that said agency or district has determined that the Minor T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOcc 1i-19-2007\DRAFI - Section 5-02-22 - Minor Tr:mporary Employee Housing.doc 'i,*i,r.,,.iii= Page 11 rU8/2007 zoninsResor#ffi liffi":3i5Tf.:f 'rHiilTB:#ili:[,; DRAFT 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 within 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 applic-ation. ,::i .' 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 Toning 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 (4th) and all future Minor Permit applications by the offending Operator to the BOCC. The BOCC shall review such applications as-a request fora Special Use Permit; in accordance with the Major Facility regulations contained in Section 5.02.21 of this Zoning Resolution. G. The off,qndlng Operatoiimayrbe allowed to submit future applications for Mih6i..Permits for ieview and approval by the administrative pr6ceqs contained in Section _5.02.22, rather than review in accordance With the Specid,lUse Permit process contained in Section 5.02:2, .,.,upon,,the written request of the Operator and only at the , ...:.:,::. rcCC's.sole, diScrgtion' The use,;'"Minor Temporary Employee Housing Facility (Subject to review and approval per pr-bCedure and requirements of Section 5.02.22)" will be added as a use by right in the 3.01 WI,3.02 A/R/RD, 3.03 RLSD, 3.04 RLUD, 3.05 RGSD, 3.06 RGUD, 3.07 CL, 3.08 CG, 3.0gOS, 3.10 RL, 3.1 1 R/MH /G/UD, 3.12 L|,3.13 pA, 3.14 DWC, 3.15 CDWC The use, during times of housing shortage, of manufactured homes and/or recreational vehicles as removable housing, utilized for a period of time not longer than one year, for workers who are engaged in a commercial, industrial, mineral extraction or highway operation and who are needed onsite for the proper execution and safety of the related operation, including: 1. Small Facilities which may contain up to 12 beds of which a maximum of lz of the proposed beds are occupied at any given time on a "Permitted Site", as defined in section 2.02.421; T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOCC L1-19-2007\DRAFI - Section 5-02-22 - Minor Temporary Employee Housing.doc Definitions: Page 12 11/8t2007 zon i n s neso r #ffi liffi::i;H.:[: .. HiflT &:# fil[[,; DRAFT Minor Facilities which contain 7 - 24 beds on a "permitted site", as defined in section 2.02.421; Major Facilities which contain 25 or more beds; or which contain a fewer number of beds, but are not wholly located on a "Permitted site"; or which are planned to be utilized for a period of time longer than one-year; or otherwise meet the requirements oil Section 5.02.21and Section 5.02.22. Such facilities are subjr:ct to land use approval by means of either an administrative process or a public hearring process, under the circumstances, standards and requirements containecj in Sections 5.05.21 or 22lor 231 of this Zoning Resolution. 2.02.421 Permitted Site5 T:\dpesnichak\Land Use 2001'\Text Amendments\Essential Personnel\BOCC ll-lg-2O07\DRAFI - Section 5-02-22 - Minor Temporary Employee Housing.doc 2. 3. 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 permit is issued. fo meet the definition of "Permitted Site", such permit 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. Page 13 11t8/2007 Major Temporary Employee Housing Regulations Zoning Flesolution of 1978 as Amended, Section 5.02.21 DRAFT Major Permit - (Contain 25 or more beds) S.O2.Z1 Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permif'): (1) At times of severe housing shoftage, extremely remote locations or other emergency conditions, special use permits for Major Temporary Employee Housing Facilities in the nature of manufactured homes [as defined under C'R.S' 42-1-1OZ (tOO) (b)l and/or recreational 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 quarlers and not recreational purposesl may be granted for projects within Garfield County related to commercial, industrial, rnineral extraction or highway operations of substantial size in any zone district by the County Commissioners through the special use permit process. Such housing shall be of a temporary nature. At the expiration of the permit, the lands shall be restored and all hoUsing structures and associated infrastructure shall be removed. Reviewlof the permit shall be subject to $9.03 and g5.03 of the Garfield County Zoning'::Regulations of 1978 as Arnended. All Special Use Permits for Centralized Employee'''Housing/Major Temporary Employee Housing Facilities is subject to all:ap'plicable building code, state and federai permit requirements,.file protection distriot 1eey19me1ts. and fire code requirements. Major Temporafi Employee Housing Facilities shall have at least A. The Major Temporaryri:EmioloVeeiii', Housing Facilities or any associated infrastruCture (including ISDS) ("Major Facility(ies)) is . not 'completely contained within i State or Federally regulated r.,-"parcel (strch as a,Colorado Oil and Gas Conseruation Commission (COGCC)i::approved oil/gas well pad) in which reclamation'.,and .reve$etation standards are guaranteed by . ,',:'t'i, :.- ..,, contraCt with thepermitting agency; or, .,.',, B. The, Major .Facilities are to be located at the permitted site for " ''; 'r'', more than a cumulative of one (1) year; or, ",i,,,u, C. The ilalor Facility shall contain twenty five (25) beds or more to'',,n,3i!?I#""11;""#ji'ffi ,,1""[',5":1"J""*::T::Hi3:,r:1Ji? ,r.Jhe related commercial, industrial, extraction or highway operation. (2) Temporary Employee Housing Facilities containing 24 or fewer beds at any one given time, will be on location for lessthan a cumulative of one (1)yearand are completely contained within a state or federally permitted parcel (i.e. "Minor Facilities" or "small Facility/') are subject to the administrative review process and standards contained in Section 5.02.22 and Section 5.02.23 and the enforcement provisions of Section 12 and Section 9.01 .06. (3) Special Use Permits for Major Facilities: The applicant shall submit an adequate site plan, consistent with Section 9.01.01 and including proposed water supply, David Pesnichak Page 1 1u8t2007 Major Temporary Employee Housing Regulations Zonins Resolution of 1978 as Amended, Section BgiE+ proposed metl'rod of sewage treatment and names and addresses of adjacent property owners. (A) Water and wastewater systems proposed to service Major Facilities must comply witl.r all applicable state and local laws and regulations. ln addition, all sewage must be disposed of on-site using an lndividual Sewage Disposal System (ISDS) unless the applicant can prove: 1. That, at the discretion of the Garfield County Board of Health, an ISD;S system is not feasible due to environmental, topographic or engineering conditions where the temporary housing is to be located; or 2. That, at the discretion of the Garfield Coun-y. Board of Health, year- round access is available and maintained for Safe and regular access for s;ewage hauling vehicles. ln addition, the following conditions must be nnet: a. The applicant must demonstrate and', guarantee an arrangement for hauling sewage; and ', b. The applicant must maintain all records including but not limited to trip logs/reportsiand landfill receipts; and c. All sewage disposal records.must be maintained as public records to be available to the County and/or any other interested third party upon request; and d. The temporary housing must not exceed a cumulative of one (1) year at an approved location; and, e, These facilities , shall be designed to accommodate 75 , gallons of wastewater per person per day. ,' , f. lf the total waste production from a facility will be 2000,,' gallons per day or greater based on a production of 75 : .,,.'.,,,' fni,?li,,n"J y,,x:ffi:x':I,rffi1':,l 3"JJ"J::[5?1,$il;'lilr:"' ' ,.,,.: wastewafer service shatl not be permitted for any facility '" ' '.., *r,i"n *iii.g"n"rrte a total of 2000 gallons of wastewater and sewage p"", ory. l:'', ': '. (B) For sites rarhere potable water is hauled to and wastewater is hauled out, applidants rnustkeep appropriate records, to be provided to the County upon requeSt to den'ionstrate that water supplied to a site is from an approved source anoithat wastewater is disposed of at an approved facility. For water facilities ,.not permitted by the Colorado Department of Health and Environment (CDPHE), the operator must conduct monthly tests (or quarterly if an on-site disinfection system is installed) and maintain records of stored potable walter samples specific for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. lVater systems permitted by the Colorado Department of Health and Environment (CDHPE) must obtain all necessary state permits prior to the scheduling of a Special Use Permit for a Major Permit public hearing and maintain continuous conformance to state regulations at all times during operation ofthe Major Facility. David Pesnichak Page2 1U8t2007 ,".,, H?$,,liJ t??l',5Ti [[:x5:J:u.fff l'?lTi DRAFT (C) ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground sudace. (D) Special Use Permits for Major Facilities must be related to one or more commercial, industrial, mineral extraction or highway operation locations and shall be limited to a spacing of at least one (1) mile between Major Facilities, regardless of land ownership or operator. Special Use Permits for Major Temporary Employee Housing Facilities for oil and gas extraction purposes in the Resource Lands (RL) zoning district may be exempted by the BOCC from the one mile spacing if the operator can prove that the housing structures and all supporting infrastructure will be contained within the Colorado Oil and Gas Commission (COGCC) approved well pad and there will be no new additional land disturbance outside of the COGCC approved well pad area. lf the applicant is applying for a Special Use Permit for Major Facilities on an approved COGCC well pad, the applicant must provide the relevant approved APD permit indicating housing location(s) along with the application for a Special Use Permit for Major Facilities. (4) The maximum allowable time lengrth,, oJ. the Special Use Permit for Major Temporary Employee Housing Facilities is,,bne (1,) year. For good cause shown, the permit may be renewed annually in a public meeting with notice by agenda only. Annual renewal review shall be based on the standards herein as well as all conditions of the permit. A pejtnit may be revoked.anytime through a public hearing called up by staff or the Board of County Commissioners. By way of example and not limitation, contjnued'ffi.availability of a permanent housing inventory or the nature of the cohstruction or extraciion project may constitute "good caLtse" for.",,renewal. The applicant must provide an estimated total cumulative length of tirne the Major Facility(ies) will be at the proposed location along with .a'statement of intentions to request renewal past the one year expiration date as;part oT the Special Use Permit for Major Facilities application. Failure to provide arstaternent,:of intention for renewal will prohibit the Special Use Permit for a Major Facility(ies) from future renewal consideration. (5) Temporary hou5ihg shall''be located at a site authorized by the Board of County Gornmissioners and identified on the relevant site plan submitted with the Special Use ,Fermit for a Major Facility(ies). lnhabitants of the Major Facility shall be applicahtis employees andior subcontractors, working on the related construction or mineral extraction operation, and not dependenis of employees, guests or other family members. (6) Major 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 on site for 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 responsibility of the duly authorized attendant or caretaker to inform all employees about means for summoning fire apparatus, sheriff's office and resident employees. All fires are subject to $307 of the 2003 David Pesnichak Page3 tt/8t200't ,".,"#?iJ,,li#tT?y,5Ts,;[xx5:J,'sJ.ff#':f ii DRAFT lnternational Fire Code (lFC) including but not limited to permits, attendetnce, open fires, coal grills, fire bans and bon fires. One (1) or more itpproved extinguishers of a type suitable for flammable liquid, combustible materials or electrical fires (Class A, Class B and Class C), or dry chemical, shall be located in an open station so that it will not be necessary to travel more than one hundred (100) feet to reach the nearest extinguisher. A water storage tank shall be required to provide water trc the sprinkler system and initial suppression activities. The size of the water tank shall be determined based on sprinkler calculations and initial suppression demands. ii. ManufaLctured home or recreational vehicle units equipped by the manufaLcturer with a fire sprinkler system, fire detection system , and/or alarm system shall be inspected, tested, and maintained in accordance with 2Ct03 IFC 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 manufactured home or recreational vehicle units in accordance with 2003 lnternational Fire Code (lFC) 5907.2.9 and 5907.2.10 and the requirements of the relevant fire protection districts. iii. Single-station carbon monoxide atarrns shall be placed in each manufactured home or recreational vehicle,,unit., (B) Wildlife-proof refuse containers musttbe provided for trash. At least one thirty(30) gallon (4 cubic feet) container shall be provided for each unit or theequivalent in a central trash collection facility. Said container(s) must be durable, washable, non-absorbent metal or plastic with tighi-fitting lids. Refuse shall be disposed on not less than once weekly. (C) Outdgor food stor:age is prohibited unless facilities that prevent the attraction of'animals to the Major Facility(ies) site are provided. ,,.,.'S) The applilant shall provide a detailed map and GPS coordinates to the''i,- Garfield Corunty Sheriff's Office and the relevant Fire Protection District which ,lS.- sufficient for emergency response purposes, including location of the fUa.1gr. Temporary em"ployle Housing Facilities site; private and public roadwqys arccessing the site, marked as open, gated and/or locked; and detailed'directions to the site from a major publiCright-olway. The map is subject torapproval by the Garfield Couniy Sheriff's Office and relevant Fire Protection' tlistrict. (7) lf structures, requiring Building Permits under the Garfield County Building Code,are constructed for the commercial, industrial, highway project or hineral extraction operation related to the Special Use Permit for-Majoi Facilities uponexpiration or revocation of the permit Certificates of Ociupancy for such structures shall be withheld until the temporary living quarters are removed andthe site is restored to the satisfaction of the County Building and planning Director. David Pesnichak Page 4 t1t8/2007 ,"",,H$,,I.i#%T?r',,.Tllf"x!:J,'!J.ffi!,x'r"ri DRAFT (8) 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 syJtem were designed, installed.and inspected in accordance with the said special use permit ind comply with all applicable regulations, permits, and conditions. All written documentation and site plans verifying compliance must be stamped by a certified Colorado Engineer. The county also reserves the right to inspect a site, without notice, to assess compliance with the Special Use P6rmit for 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 -o1 suspension of said permit, in accordance with Section 59'01.06' .,+ (9) lf there is suitable permanent housing inventory aviiiitle in. an area near the commercial, industiial, highway project or mineral extraction operation, as determined at the discretion of ttre BOCC, the Special {:l$€,Permit for Major Temporary Employee Housing Facilities .shall not'be granted. ,lli,l ,. (1O)No animals shall be allowed at Major Temporary E4ployee Location sites. ':":,. ,,i' "" , (1 1) ln evaluating a request for a Special Use Permitlor Major Temporary. Employee Housing Fajilities, the County Commissioners'may require compliance with additional conditions of approvlt'ai,may be needed io:Ensure the health, safety and welfare of the public. (A.81-263) ".,1i, , , .l (12)The applicant shall submit as part oi the SpecialUse Permit for Major Temporary' -'imptoyee Housing 'FaCilities, a reclamation and revegetation plan for each specific site.addreJsing dl points in section eleven (1 1) within this 55'02.21. a. Debris and waite.,rnaterials,,including, but not limited to structures, concrete, tootinbs, sewage disposal systems and related infrastructure, water storage ,,,,,ahd r.Jt"t"OiOi"iribufijn infrabtructure, roads, and other sand, plastic, gravel, ,',; fipe and cible shall be removed. All pits, cellars, and other holes will be . '''"' ,,,,,Lackfilled as Soon as po5sible after all equipment is removed to conform to :,suirounoing terrain. All access roads to the site and associated facilities shall Ue,|toseO,iraded and recontoured. Culverts and any other obstructions that *L ",t oj the,'access road(s) shall be removed. Upon closure of a camp facility, *$stewiter tanks s-hali be completely pumped out and either crushed in plice,',pUhctured and filled with inert material or removed. Any waste maieriat'pilmpeO from a wastewater tank or waste debris from tank removal must be disposed of at an approved facility that is permitted by CDPHE and/or Ga;field County to receive said wastes. Materials may not be burned or buried (other than lSbS) on the premises. All disturbed areas affected by Major i"rporury Employee Housing Facilities or subsequent operations..shall be reclaimed as earlyand as nearly as practicable to their original condition and shall be maintained to control dust, weeds and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoil 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) months after the Special Use permit for Major Temporary Employee Housing Facilities expires Facilities on David Pesnichak Page 5 tu812007 Major Temporary Employee Housing Regulations Zoning Resolution of 1978 as Amended, Section 5.02.21 or is revoked unless the Director or designee extends the time period because of conditions outside the control of the applicant. b. All areas compacted by Major Temporary Employee Housing Facilities and subsequent operations shall be cross-ripped. On crop land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping shall be undeftaken to a depth of eighteen (18) inches unless and to the extent 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 revegetated as soon as practicable. For disturbed areas not regulated by the Colorado ,Oil and Gas Conservation Commission the following regulations will apply: (1) Revegertation of crop lands. All segregated soil horizons removed from crop la.nds shall be replaced to,their'original relative positions and contour, and shall be tilled adequately to re-establish a proper seedbed. The arera shall be treated if necessary and practicable to prevent invasion of undersirable species and noxious weeds, and to control erosion. Anyperennial forage crops that were present before disturbance shall bereestablished. ., ,, ,,., (2) Revegertation of non-crop lalds, All segregated soil horizons removed from non-crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erolion control and long- term sterbil:ity, and shall be tilled adequately in order to establish a proper seedbed. Tie disturbed area tnen snirioe r"r""olo in the first favorable season. Reseeding with species consistent with the adjacent plant commurrity js eniouraged. ln the absence of an agreement between the applicant and the affected sudace owner as to what seed mix should be, used, ,the applicant shall consult with a representative of the local soilI conservation district to determine the proper seed mix to use in d.'During o""rp"iion and reclamation operations, all disturbed areas shall bekept free of Garfield County and State of Colorado List A and B noxious weeds. .., t' e. Successftll, reclamation of the site and access road will be considered completed'wlhen: (1) on crop lpp6, reclamation has been pedormed as per 11(c)(1) of thissection, and .ob_servation by the Director or designee over trruo growing seasons has indicated no significant unrestored subsidence (2) on non-crop land, reclamation has been performed as per 1 1(c)(2) of this section, and the total cover of live perennial vegetation, exclud'ing noxiousweeds, provides sufficient soils erosion control as determinel by tneDirector through a visual appraisal. The Director or designee shall consider the total cover of live perennial vegetation of adjacen[ or nearby David Pesnichak Page 6 1t/8/2N7 ,"", ,.H11J,,1,il T'?",5 T3';Lx". H:si.trf ,JlTii DRAFT undisturbed land, not including overstory or tree canopy 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 Gadield County rules, regulations, orders or permit conditions, and the Director or designee has iotified the 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 accorla1ce with a plan appr6ved by the Garfield County Vegetatio_n Management Department. The security snait be held by Garfield bounty until vegetation has been successfully reestablished according to the standaiOr in the Garfield County Vegetation Management Plan adofted by resolution No. 2Oi)O'2-94, as amended. ,.: Definltions: The use, during times of housing shoftage, of manufactured homes and/or recreational vehicles as reriovable housing,Lrtilized ior a period of tirn'b not longer than one year, for workers who are engaged in Jcommeriial, industrial, minelal extraction or highway operation and who a"re-needed onsite CIr ine lproper executib:n'and safety of the related operation, including: ,, 't" rin up to 12 beds of which a maximum of Vz of lhe proposed bedsaie occupied at any given time on a "Permitted Site", as defined in section 2.O .2,421; ,:, 2. Minor FacilitieSthich containT -24 beds on a "Permitted Site", as defined in section 2.02.421; : ,' '' ',. 3. lfrfaior,fAilities which contain 25 or more beds; or which contain a fewer number ot'6.J., brt ar$,not whollv located on a ,,permitted site"; or which are planned to .,.,16b utilized for a period of iime longer than one-year; or otherwise meet the 't" ieiuirements of Section 5.02-21 and Section 5'02'22' Such facilitieilhre subject tO,.land use approval by means of either an administrative pr*""t o1. , pUbti" hearing-process, under the circumstances, standards and I"qrirlrunts'coffined.in-Cections 5.05.21 ,22 or 23 of this Zoning Resolution. r;l 2.02.421 Permitted Site: A parcel of land, generally a portion of a lot, as defined in Section 2.02.32, designated foi a commercial,lndustriil, mineral extraction or highway operation for which a federal oi siate permit is issued. To meet the definition of "Permitted Site", such permit must grant the approval of the appropriate state or federal agency for the commercial, industrial, extraction or highway activity(ies) and must require the provision of security for the reclamation (including revegetation) of the site' David Pesnichak PageT 1U8l2C07 8qrq5<rd8F ,^!)- c=q316g 16€nzi. '3:93.'9.i33I S:,? Hi ,q:ar oo =.o f -'=]@= :<88., 3E;E r@ idaaq@ ;3E FotJoi.-: = ifierBi5gii3pBlr eBPt ir-Ei;qf,ita:llg*i ffA; ffi#f##d;#iF #itu;O -;O.o o :=:m-^r.= r- 96! =r-': o =i{P:=J=^r o.iry 9= EE9; jF itrf,iEgffriiiig iFirH Ei,I$EEiE;Ti$}g aEgg ffigffi H ffiegffiryff ,i ffiru#nai;ietq *ffffaitffg;fffmi E er;trF:ss gBi 55;fEtr? 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