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
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.gxhibit
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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?.'
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(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.
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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
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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
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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.
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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'
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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.
.'
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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
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Small Facility=
Small Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section s.0r.r3D$le$
of 12 Beds, Vz of Which Can Be Occupied at
Any One Given Time)
Use by Right with Performance Standards
HEQUIRES AMENDMENT TO THE BUILDING CODE TO ALLOW BUILDING CODE
REVIEW BY THE CHIEF BUILDING OFFICIAL FOR RV'S USED AS TEMPORARY
HOUSING FACILITIES.
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
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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:
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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 $901.6 and as required by the
?ble-v t fire protection district(s). Smoke alarms and manual fire
alaiin systems shall be installed, inspected and maintained in all other
minufactured home or recreational vehicle units in accordance with
200i] lnternational Fire code (lFC) s907.2.9 and s907.2.10 and the
requirements of the relevant fire protection districts.
Single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit.
one (1) or more approved fire extinguisher(s) of a type suitable for
flam;mable liquids, combustible materials and electrical fires (Class
ABC), or dry chemical, shall be located in each manufactured home or
t.
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Page 4 11t8t2007
Small Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.0r.r3D$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
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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:
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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.
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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.
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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
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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
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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$%:i13ll,ilfi:.' surrounding public roads, private roads, adjacent utility
systems, residential development, other actively permitted
Minor and Major Facilities, natural drainage courses and
municipalities within one (1) mile of the proposed Minor
Facility; north arrow and scale; GpS coordinates and
current surface ownership of the subject lot. The vicinity
map shall be presented on a USGS 7.S minute series
quadrangle at a scale of 1"=2000, or equivalent, with a
topography depicted at a minimum of 5'intervals.
ii. surueyed layout of the proposed Minor Facility within the
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t.
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.0, ,2D$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
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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$"5"?fl "':,['i]L?);iollE]";Xrl1'il"J'JJ.iffi
II
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ii. Schedule Public Hearing. A public hearin$,.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
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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
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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.
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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
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(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
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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;
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Definitions:
Page 12 11/8t2007
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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
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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
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(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
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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
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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
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,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
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