HomeMy WebLinkAbout4.0 Staff Report BOCC 2.4.08ftrtt,lc /k"n<q 6e"J/o, /#
Bocc Exhibits (2/4/200s) (Continued from November 19, 2007) oitfu?s -> pt/roos
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Garfield of 1978, as amended (tt e Zonine CodeStaff Memorandum
rboResolution 2006-108 Section 5.02.21 - tt-13-2007
Recently uOoO,"O
related materials, dated 6-25 -2007
!9l9rado Deparrment of n
Division, Primary Drinking water Regulations lam"ndea January 19,2005),Section 1.2
Letter and Presenta
5-2007
Section 5.02.23. Small - dated IL-8-2007Section 5.02.22, Minor T - dated 11-8-2007Section 5.02.21"Mal - dated 11-8-2007Proof of Publication
Outline of "Temporary H
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BOCC 21412008
DP
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT (OWNERS):
REPRESENTATIVE:
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 13, 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 Garfield 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
em ployees, 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 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.
y2912008 -l-
September 12,2007
November 19,2007
- Third staff Draft Presented to the Planning commission. Planning
Commission recommends approval by a vote of 4 to 0 (See Exhibits H, I, J).
- The Board of County Commissioners accepted the public notice for this
application, heard a staff presentation regarding the Staff and Planning
Commission proposaland took public comments. The Board decided to
continue this Public Hearing to February 4,2008.
There are numerous degrees to which Garfield County can regulate the housing on well pads from a
straight "Use by Right" wtn no performance standards to the regulations as recommended by the
plan-ning Commission. ln reality, Garfield County has the authorityto regulateTemporary Employee
Housinjfacilities from a straight "Use by Right" to outright prohibition. Garfield County Staff and
Plannin-g Commission are recommending regulations that are closestto the "Use by Right" scenario
and arJvery 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
placemeni, impact fees and operation of oil and gas well pads themselves. Further, 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
standaids 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
standaids already established in Garfield County. ln addition, as our current Zoning Resolution is
notwritten 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, Staffs focus
as well as the Planning Commission's focus 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 and/or 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 "footprint" of structures and roads in the backcountry.
Follo6ng the September 12,2007 Planning Commission meeting, Planning Staff and the Planning
Commisiion 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:
U2912008 -2-
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li"r"r"l points are worth noting as background to this outlined recommenJri6n'- lorz7 -'oun'/-/ ,,SV ,{,to'Several potnts are wonn notlng aS DaCKgrOUno Io InlS oulllneo recommenoarlon:
,*Y)elo''r/ifl1. The maximum occupancyforthe smatt remporary Employee Housing Facility is aimed at
v f ,. 4" . limiting the number of people permitted as a Use-by-Right to 6 individuals at any one time.
,e')$ !" tt\ t?r!yll9,i"?y:::11-' yill^:il-:y^91"^l:1i="%':f:::*1'f,1 .^?llf :lg-'n:,:l:T':g" ,.,lu'n'-l,q-t,,c.Commission understand that their personnel hold alternating two week shifts. Since crew
V"*dd'A1L) members typically do not rotate beds, to accommodate a constant crew of six individuals, the
I no( ,niuloY- ' facilities need to accommodate up to twelve beds. The resulting compromise is the permission
ted 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 Staffs opinion that
increasing the occupancy limits would undermine the intent of the regulations in terms of
impacts to neighboring property owners, particularly 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 for a 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 reasoning for a non-industry
Temporary Employee Houslng es Ftecornmendod Ey PlsnninE-Corrlmission *_ (Aa, tlt"*/Board ol County Commissioner Meeting - November 19, 2oo7 -a \-
Outtine ol Proposed Section 5.02.21' 5.o2.22, end 5.02'23 , /(h LU"
Any Zone D'strict
Complaely contained $/ithin a
state or tederally permitted site
in which reclamation and
revegetation are securod with
the permitting ag8ncy.
Any Zone Distric.t
On or Oft state or federally
permitted site
Any Zone Dislric't
Completely conkined wiihin a
siate or federally permitted site
:n which reclamation and
revegetation are secured wilh
thB parmitting agency.
Umitod to one yearOver one ydar wifn annual review
lf vault-and-haul wastev,/aler is
Propo$ed then limiteC to one Year
Umit€d to one year
Definltion ol'"Temporaryfl
Use by Right - w/ Perf. Stand.
Feviewed by Bullding
Depanmert
No Land Use Permit lssued -
Compliance w/ Standards
demonstrated al BuilCing Permit
Special Use Permit
Reviewed by Planning
D€partm6ni
Permit Issued by BOCC
Administrativo Permil
Hevlewed b,y Planning
D€panment
Permit lssued by Planning
Direclor
Beview,llssu ing Oepsrtmcnt
1-12 Beds with ]t Occupancy
Amend Building Code lo
Require R\fs to Obtain Building
Permit
y2912008 -3-
Minor T6mporary Employoa
nouslng
Section 5.02.22
-
specific regulation. ln addition, although the 1-6 (1-12 beds),7-24 and 25+ occupancy limits
may seem (or in some respects may be) arbitrary, Staff feels that these limits represent
reaionable Lreaking points based on the expected impacts of the relevant occupancy to the
level of review. lt iJimportant 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 resutt, 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 oi residential dwelling units. This compromise position was presented to the Planning
Commission on September 12. At this meeting the Planning Commission generally felt that
increasing density in the remote portions of the RL Zone District is not appropriate 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
Department anO COpnE 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. Due to this
interpretation, oil and gas industry representatives have questioned the rationality 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 Lvident that the operator of a Temporary Employee Housing facilitywhich incorporates
vault-and-haulwastewater disposalwill not need to obtain a state ISDS permitwhen the facility
produces 2000 gallons of wastewater per day. However, Staff believes that this is a tried and
irue breaking point to push an operator into the state permitting requirements. The statf 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 perweek
and many of the proposed housing facilities have laundry and dining services, Statf has
interpreted the wastewater production to be most similar to a single family 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 26.66 individuals. 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 SmallTemporary Employee Housing Facility (STEHF) is a Use-by Rightscenario
for up to 12 beds with Yz occupancy, there are Performance Standards associated with this
property right. ln otherwords, 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
1,/29/2008 -4-
right to the property. lf these standards are not met, the use becomes a zoning violation' ln
addition, tne profoied Section s.oz.z3requires additional information which must be submitted
"tong
wiin tne Building permit. This additional information includes notiflcation and submittals to
the relevant fire protiction district and Sherriffls Offlce. An issue with this scenario is that
recreational vehicles do not require a building permit under our current Building Code. This
leaves a loop-hole of sorts in ine STEHF regulations when it comes to checking that the
performance standards have been met. ln orderto insure compliance with these standards and
submittal requirements, the proposed Section 5.O2.23will require a subsequent amendment to
the building code to require all recreational vehicles used as Temporary Employee Housing to
obtain buil-ding permits. This is necessary so that it can be verifled that all notification,
performance s--tandards and submittal requiiements have been or can practically be m-et' The
'planning Commission is recommending ihat tne Building Code be sub.sequently modifled to
correct i-his 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 RePort.
Early in the process of establishing regulations to.accommodate "essential personnel" a?.al
administrative permit, it *"= the deJire 5t tne Planning Commission to create regulations which
;il;r"g;a "setf-reiuiation" throrgh "heavy" fines Lnd.. unnoticed inspections. The County
ntt"i""vt om"" tcn"ol nas reviewe-o State stitutes regarding zoning violations and relayed to the
B&P D6partment the determination that Garfleld County:
1 . Cannot impose a fine without a Court Order; and the fine cannot be_greater_than the $100'00 per
JaV tOistrict Court) or 9500.00 - $1,OOO.OO per day (County Court) fine set by statute.
esieirtiatty, the Court, not the County, fines the violator; and,
2. Cannot, under its land use authority, inspect a site without notice and/orthe consent of the land- o*n", and, probably, the operatoiof thl Minor Facility. The County l1aJle able to engage. in
,,warranfless administrative searches", without notice, under County ISDS regulations and.the
State ISDS statft, ii certain language is included in that set of regulations and in the application
and/or tne permit.'Whether actlng-under its land use, public health.o.r.general police Powgr
authority, hbwever, the County anJ its representatives/officials must abide by federal and state
Fourth Amendment Search and Seizure law.
Thus, the County's ability to enforce "self-regulation". by using unannounced inspeclion-s or
impoiition of fines, of inv Jmount, is limited. Despitethis interpretation from the.CAo, per Statf has
itdyeo the course oi.i"lting 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:
U2912008 -5-
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:rnptoyee Housing t! Becomm.nded by thc Pldnning (
Boaid ol County Commissionels - November 19' 2007
(section 5.02.21, SEction 5.02.22, and Sectlon 5.0?.23)
PlanninE Cornrrisslo[
Recommendation
{Septembcr 12,2007)
Staff Propored Changes to
Planning Commission
Recommendation
(For r1l19/2007 BOCC)
Adopted Rio Elanco Begulations
(July 25.20c7)
Prmess
l. Usa By Bigttt with Psrlomance
Standards - 1-1 2 Beds with 5f/o
OccuparEy Umit (Seclion
5.02.23)
2. Adminislratfue P emll - "7 -24
Beds wilh 1 00q/o Occupancy
(Sectjon 5.O2.22)
3. SUP - 25 or mor6 Beds wilh
1 00ori Occuparcy (Section
5_O2.211
1. Use By Bight wilh Perrormatsa
Standards - 1 -12 Be<ls wilh 50ez!
Occuparay Limit (Section 5.02.23)
nv'a must obtain Administrativo
Psrmtt
2- Administrativs Permit - 7-24 Bsds
wifr 1000,! Occupancy (S*$on
$.v2"22t
3. SUP - 25 or more Beds wilh 10o";
Occupancy (Secho^ 5.02.21 |
1. "-Temporary Uss Permit" - Small
On-Sito Ouartors - 25 or less
individuals al a work localiotl
2-'Special Use Pelrif - Small
Cenlral Location Quarters - Up lo 50
mrkers nol m work localion - Public
Hearing
3.'Sp*ial Us€ Permif . Larg€
C€nlral Location Ocrters - 50 or
more mrkers rtol on work location -
Public Hearinq
Procesing Tlmellno
1. UsB By Bigh - Dependant on
Building Pemit
2. Adminrstrativ€ Pemit- UP to
45 days
3. SUP - 60 to 90 days
.t. lrse By Fligft - Dependant on
Bullding Pennil
2. AdministtalYe Pamit - UP to 45
days (Eliminats AWgP option)
3. SUP * 60 lo 90 days
L'Tmpo(ary Use Pemif - No
Timeline Specified - Anticipated io
b€ 2 yleeks-
2, "Special Use Petmit" - No Timslim
Sp€cified
3. 'special Use Permit" ' No Timelne
SMified
Eeviewrlasuing DsPartmant
A
rc/'
1 . Use By Right - BeMew:
Building Dept, Permii: Bullding
Departrnenl
2- Adrninistrativs Pennil -
Revievr: Planning Depl,, Pemtit:
Planning Dept.
3. SUP - Raview: Planning Dept-,
P6rmit'R.)C(:
1- Use By Right - Heview: Building
D6pt., Permit Building Departmer(
2. Administrative Pemit - Review:
Planning Dept., Petmit PlBnning
Dept.
3. SUP - Beview Planning DePt,
Permit BOCC
1. 'Temporary Use Permit" Planning
Dopatlmoni
2. "special Use Pemit" ' Planning
Departmeol
3. "Specia.l Use Petmil" - Planning
D6partment
Public Notice
1. Use By Bight - None
2. Admlnistra$v€ P emil - w ttt{
200'ffom suqect Prcp (cm #
amomplished s part of AWD()
3. SUP -\Mtiin 200'irom Subih'
,).ke"fF.rgfi- None -=\--\
2. Adflinistrative Psrmit - Within
2oo'ftom Pmlt Sile in BL, frm
Subioct Prop in all othsr zone
disricB- ---'
3 SUP - Within 200'
'1.'Iemporary Uss Psmif 'None
.P.'Special Use Pelmif 'None
3. "Special Usg Pemit" - Nona
Heferrals
1. Use By Bighl - Noog
2. Admir$slrative Permil - Sign
Oft Requirernents tor Sheritf, Fite,
Building Prior to Submitlal ol
Application. (Can b€
accomplished as part ql AWDP)
3, SUP - Al the discretion ol lhe
Pl*^ind nonrdmatrt
1. Use By Right - None
2. Administrative Permit * Sign Olt
Flequiramenls lor Sheilf, Fire,
Bullding Prior to Submittal ot
Applicalion.
3. SUP - Al rhe disrelion ol the
Planning Depaftnenl
'l- 'TempoEry Use Permil"' Nons
2,'St Bcial Usa Psrmil"'lt Found
Nocessary
3. "specisl Use Pemif - ll Found
Necassary
Appealrcall{rP Provisions
1. Use By Ftight - None
2. Adminishafve Pemit- 14 fray
Appaat Pariod - Applicanl,
Abtnfinq Froperty Omer or
BOCC (Cm be accomPlishad as
part ol AWDP)
3. SUP' At the discrBtion ot lhe
BOCC
1. Use By Bigtrl - Nono
2. Administrative Petmil - 14 DaY
Appeal Pefod - APilicant, Abutt ng
Prcperty Ownsror BOCC
3. SUP - At lhe disctelim of lha
BOCC
t. femFffiV Use Pemril" " None
Known
2.'Spociol Uso Pemit'- Nona
KnoM
3. "Speclal Use PBmi!" - Nms
Knom
Efltorcemont
1. UsB By Right - Fines and
enlorcement in ercordance wilh
slate law and Zoning Besolution
2. Adminiskative P€rmit- Rres in
accordancB wilh slalB law and
Zoning Resoluhon - Revocation ot
Permit tor incidence of
NoncontormBmo - ll Pemil
revokad. site must be vacalgd
wilhin ld busiress days - 4'i
revokgd pBrmii tellaYes Operator
lrom enjoying lhe Adminiskalivs
Pemit process in th€ fulure.
3. SUP - Fines and enlorcemenl
in acordance wilh strale law and
Zoning Resolution, revocable
namlt
1. Use By Rlght - Fin8s and
entorcemont in accordanca wilh stata
law and Zoning Besoiution
2, Administrative Fermit - Fines in
accordance with state law and
Zoning Resolution - Bevmation ol
Permil for inciderEe ot
Nonconlotrnance - tt pemit rsvok€d,
site must b€ vamled wilhin '10
business days - 4s Ievoksd Pemit
relieves Operator lrorn enioyiqg lhe
Administralive PoImit process in tho
future.
3. SUP - Fines and enlorcemed in
accordance with stale law and
Zoning Besoldion, relo€t e Permit
1. "Temporary UsG Psrmit" -
Unrcticed lnspactioi'ts; Revocation oi
Pemit Panaltjes as Permittad in
Land Use Besoluliofl.
2. "Special Uss Potmil" - Bsvocation
ol Pamit; Psnaltis as Pemitted in
Land Use Resolution.
3. "Special Use Permif - Revocation
ol Permiq Penalties as Psmitted in
Land Use Besolulion.
Smalt Temporary Employee Housing Process:
As stated previously, the Small Temporary Employee Housing process (STEH) in one where the
STEH is a Use-by-Rignt with Performanle 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
Buildinj Department, delivers the neclssary information to the appropriate fire protection district and
Garfielj Colnty Sheriffs Office and returns the signed-off forms to the Building Departmentwith the
Buildin! permi[. Along with the appropriate sign-ots, the land owner/ authorized applicant shall sign
a form-provided by
-the Building Department indicating that the Performance Standards and
enforcement provisions are unde-rstood and will be abided by. As will be discussed later in this Staff
Report, 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 Administlative 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 pto""sJthJ Rpplicant would obtain the application form and sign-off
sheets from the Garfield iounty Planning bepartment, obtain the necessary signatures from the
various agencies and deliver ih" "orpleted
application and signature sheets to the Planning
Departme-nt to be considered for a Minor Permii. This process will replace thalof County Staff
sendint the application off to referral agencies after the application is submitted. This process will
significZngy 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 lei work for applicatioi feedback instead of relying on County resources- This has been
done in tne sfirit of accommodating the desire of the industry to have an expedited permitting
process. lf all deadlines as ouflined in draft Section 5.02.22 are taken to their longest, this process
could take uplo A1days. However, due to the checklist nature of this permit, it is anticipated that an
r administrative permit iould be issued over the counter providing all information is correct and that
ee Si"ff is available immediately to process the permit. A breakdown of the deadlines for the
0$ Administrative Permit is as follows:
s'*d" . 14 Calendar Day Max. for Technical Compliance
2 r ' 14 Calendar Day Max' for Determination
^.^
. i4 Calendar Oay Appeal Period (can be done at time of AWDP approval)
Y Maximum processing Time: 6 Weeks for New Minor permit
Maximum Processing Time: 4 Weeks for AWDP Minor Permit
ln addition to the reduced referrattime 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 peribd ior an unspecified operation time and for an unspecified number
of Minor Facilities. Whai this means, is that atthe 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
"""orft',"ned
is final sign-off of the building'permit and issuance of the Minor Permit itself (This is
similar in concept to the-process EnCana wLnt through to permit 31 Temporary Employee Housing
U2912008 -1-
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facilities in July, 2OO7,only the AWDP would have allowed Encana to obtain one blank
permit for all
-it
""rpt iotlowing approval.and no public hearing would have been '- '
However, at the request of the oir .i'.rl gas industry, a third tier, the Small Temporary Employee
Housing Facitiiy, nat-"or" to fruition. nJtne AWDP was intended to act as a mechanism to speed
the permitting process along and encourage coordination in permitting enough 19.nol require an
added layer of permitting ana comptexity (SirallTemporary Employee Housing Facilities),.the oil and
gas industry representatives or tne prlining commissibn oio not agree that the AWDP would
achieve its intelroJ joal and hence did not agree with staff on this point. As such, the draft
regulations ,""or*",iued by the Planning comrii-ssion encompass both theAWDP and the added
small temporary emptoyee nousinl F."iritv. staff recommend.s that to reduce complexities within
the regulations that'th6 AWDP U-e removed from the Minor Temporary Employee Housing
regulations (5.02.22).Further, it is s;trs opinion th.at.since the Minor Temporary Employee Housing
regulations only apply to facilities ""*ing 7-z+ inoiriauals that the limited utilization of the AWDP
dols not warrant its inclusion in the regulations'
To remain within the spirit of an Administrative Permit, Statf also recommends that the noticing
requirements be reduced from z00l irom 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 in" ,*t sense. Since the RL zone bistrict is sparsely populated with residential
properties and a majority of the ownership is Wthin very large oi[and.gas company holdings, Statf
does not feel it makes logical ,"nr" to n6tiry from the iubjJct 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. A1 MTEHF's require , ipL"iZf Use i'ermit prioi to issuance..of a Building Permit' This
process generally takes 60-90 OaVs, requires public noticing and a public hearing with the Bocc'
staff Recommended changes to the Sept. 12,2007 Planning Gommission Recommendation:
1. Small Temporary Emptoyee Housing regulations (5.02.23): Although the Small Temporary
emptoyee hor=ing rlcilitv tsrEHF) is
-a.Use-by'Rig.h! scenario for up to 12.beds. with Tz
o""rpjn"y, there -are pe#oimance btandards assoiiated with this property right. ln.other
A. words, even though there is no land use permit issued, the standards by which these
il,> irir,i,es must abide oy to remain a Use-by-iignt are checked at the Building Permit stage' lf
,, \F - ffi.ii standards are not met, than a euitOing Permit cannot be issued' ln addition, the
, Y y otiii""O Section S.OZ.23 requires additional information which must be submitted along
& n"d iliiriin" eriroing permit. This additionat information includes notification and submittals to
t-r^'\t\ in"'r"r"rrnt firJprotection oistrict and Sherriffs office. ln order to insure compliance with
,n ,n"\ i'#J; standards and submittal requirements, the proposed Section 5.02.23 will require a
U,i" "r-ur-"';.t amendmentto tne building code to require all recreationalvehicles (RVs) used
", f#por.ry imptoyee Housing to o6tain building permits. This is necessary so that it can
be verified that all notification, [erformance standards and submittal requirements have
been or can practically be ,"i.'An issue with this scenario is that RV's do not require a
building p"rrit underbri"rrr"nt Building Code. This leaves a loop-hole of sorts in the
STEHF regulations when it comes to chedking that the perf_ormance standards have been
met. The ilanning Commission is recommenEing that the Building Code be subsequently
modified to correct this loop-hole, however, upon iurther contemplation on this point by Staff,
it has b".or" evident thlt another path may be necessary to resolve this issue' This
112912008 -8-
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
usinq Facilitv. This route would presumably makethe
nV sce.n.ario rnore cornphcated 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 ireating an additional process for a very specific situation. More
specifically, an RV Temporary Employee Housing Facility accommodating 24 or less
individuali would require an Administrative Permit and be considered a Minor
Temporary Employee Housing Facility. The added complexity of the permit w..gyld
presumabiy push operators toward using manufacturedand pre-fabricated facilities
which are inticipated to accommodate 6 orfewer individuals which Staff believes is
in the best healih, safety and welfare interests of Garfield County. Past experience
has demonstrated to the Planning Statf 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,
saiety and weliaie that staff supports requiring all Temporary Employee Housing
Facil'rties which are to consist of RV's be viewed as a Minor Temporary Employee
Housing Facility.
ffies bv the Performance Standards outllned in Segtion
ffital requirements. The effect of this direction is that there
RV's to
@rethatthesubmittalrequirementswereconductedor
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. "Temporarv Structures and Uses" within the Building Co.de.
@asicframeworkpermittingtemporarystructures,butthis
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
UuitOing world, this means that we will then need to issue building permits for
tempofiry trailers at construction sites, which we currently do not do. ln addition, as
Seciion tbZ is written, "such permits shall be limited as to time of service, but shall
not be permitted for more than 180 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 necessary to
ensure the
-public
health, safety and generalwelfare". Staff understands that altering
the 180 day requirement undermines the intent of the building code itself. ln addition,
ensuring tnat FiV'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 ovLrly onerous. The issuance of a Certificate of Occupancy for RV's
could prove legally problematic for the above mentioned reasons.
U2912008 -9 -
d."sm The Plat
issioners adoPtthe
third tier of permitting as Section5.O2.23,"SmallTemporary Employee Housing'' A
way to handle the isiue with the RV's is to revert back to the Staff recommendation
f ri6r to September 12, which required all Temporary Employee Hou:ing^ Facilities
i"*", than 25 beds to obtain an administrative permit under Section 5.02.22.
Em
Facil'rties, This option creates a separate land permit administered bY the
for
J,
'ilk
Pla."i.g Department for the sole use of RV's at Small Temporary Employee
nouiind Facilities. Although it appears that this option could work on paper, Staff
understands that the prrp6"" otinis exercise is to create an easier, less complicated
f ro"""r, not additional processes for very specific circumstances which the Planning
bepartment then has to review and track. For all practical purposes, Staff. believes
tn"i tf,i= option will dig the regulatory complexity issue deeper and does not create a
practical solution to ine pro6le* ai 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'
Minor Temporary Employee Housing regulations (5.02.22): Staff recommends that the
noticing requirements'be ieduced from 20-0'from thesubject propertyto 20.0'from the permit
site for those locations within the RL Zone District. The intent is to speed the process of the
Administrative permitwhere it makes the most sense. Since the RL Zone District is sparsely
poJrl"t"A with residential properties and a majori$ of the ownership is within very large oil
lni g"= company holdings, Staff does not feel it makes logical sense to notify from the
=rO1i"t property boundar!, but instead 200'from the area of impact (Permit Site)'
Minor Temporary Employee Housing regulations (5.O2.22): Staff recommends eliminating
the Area Wide Devetbprirent 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 mecnanism to ipeed the permitting process along and encourage
coordination in permitting enough to not require an added layer of permitting (Small
i"rpor"ry Empioyee Ho-using F-acilities), the oil_and gas. industry representatives or the
planning Co.ri.rion did not-agree that'ihe AWDP would achieve its intended goals and
hence did not agree with Staff on tnis point. As such, the draft regulations recommended by
the planning C6mmission encompass both the AWDP and the added Small Temporary
Employee fiousing Facility. Staff recommends that to reduce complexities within the
r"gll"iionr that thl 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
Garfielil County Building and planning resources, primarily in terms of human capitol. Below is an
estimation of the impact on this County resource:
Building DePartment lmPacts
20072OOO Est. Gas Wells Drilled
6 - 10 Est. Averaqe Wells/Pad
U2912008 -10-
1.5 lnsPectionMell Pad Move
tZOO - tggg Hours Spent lnspecting TEHFI/ear
2080 Full-Time Equivalent (FTE) in Hours
Rig MovesNear
AvLrage Round-Trip in Hours to each Well Pad
Rig Movesffear
Average Round-Trip in Hours to each Well Pad
200 - 333
4
2007
2000
0.57 - 0.96 New FT Building lnsPector
$29,716 - $50,048 Average Dollars ($52,134/yr) for a FTE Building lnspector
200824OO Est. Gas Wells Drilled
6 - 10 Est. Averaqe Wells/Pad
240 - 400
41.5 lnsPectionMell Pad MoYe __
-1440 -2400 Hours Spent lnspecting TEHFA/ear
2080 Full-Time Equivalent (FTE) in Hours
0.69 - 1.15 New FT Building lnspector
$35.972 - $59,954 Average Dollars ($52,134/yr) for a FTE Building lnspector
Planning DePartment lmPacts
Est. Gas Wells Drilled
200 - 333 MovesA/ear
450 - 756 Total Hours Spent on Temp. Employee Housing Apps.l/r'
2080 Full-Time Eouivalent (FTE) in Hours
0.21 - 0.36 Esf. Nelnr FT Planner
$12.670 - $21.720 Average Dollars ($60,335/yr) for a FTE Planner
20082400 Est. Gas Wells Drilled
6 - 10 Est. Averaqe Wells/Pad
240 - 400 iq Movesl/ear
6 - 10 Est. Averaqe Wells/Pad
Est Percentage of smallTemp. Employee Housing Fac. (Use-by-Right)
Est. Percentage of Minor Temp. Employee Housing Fac. (Admin' Permit)
75o/o
2Oo/o
Housi
1
4
@mallTemp. Emp. Housing Fac. (Use-by-Right)
Est. Averale Hours per Minor Temp. Emp. Housing Fac. (Admin. Permit)
150 - 250
40 -67
H ior T inq F
ffiemp.EmployeeHousingFac./Yr'(Use-by.Right)
Est. Number of Minor Temp. Employee Housing Fac.Nr. (Admin. Permit)
150-250
160 - 268
140 -238
of Ma Fac.fYr.
Est. Hours Spent on Major Temp. Emp' Housing Apps.A/r. (SU
@Temp. Emp. Housing Apps.A/r. (Use-by-Right)
Est. Hours Spent on Minor Temp. Emp. Housing Apps.l/r. (Admin' Permit)
est. perceltige of Small Temp. Employee Housing Fac. (Use-by-Right)
Est. Percentage of Minor Temp. Employee Housing Fac. (Admin. Permit)
U2912008 - 11 -
Temp' Emp. Housing Fac' (Admin' Permit)
.-- i r^..-:-- E^^ /el ltrl\4
14
180 - 300
48-80
ESL. AVtlargE fItJlJlD Psl lvrqlvr r errrv' Lr
e Housing Fac'lYr' (Use-by-Right)
Est. Number of Minor Temp. Employee Housing Fac.rYr, (Admin. Permit)
Nu ior T
Est. Hours Spent on Major Temp. Emp. Housi
inq Fac
180 - 300
192 - 320
168 - 280
r' (Use-bY-Right)
- -r-'_- -
Est. Hours Spent on Minor Temp. Emp. Housing Apps'l/r' (Admin' Permit)
.Nr.
540 - 900 @ Employee Housing APPs.rYr'
2080 Full-Time Equivalent (FTE) in Hours
0.25- 0.43 Est. New FT Planner
$15.083 - $25.944 Average Dollars ($60,33W0 for a FTE Planner
Total: 2007 -
+
+
2008 -
+
$42,386
1 New Vehicle $28,000
Vehicle Maintenance" $0 360
$76,746
$51,055
V eh icle M ainten ance" $6, 360
,:
to
,:
$71,768
$28,000
$6,360
$106,128
$85,898
$6,360
$57,415 to $92,258;Veiticte Maintenance = $530/month in "Motor Pool Charges"
Major Discussion Points since November 19, 2007:
Following further review of building code requirements for the units anticipated to be used as
TemporJry Employee Housing, ii is clear that these units are classified as "factory built
nonresidentialstructures" as inciuded in Resolution 35 of the State Housing Board and included
in Section 24-32-3301of the Division of Housing Statutes. As a result, Staff proposes a change
to the draft Temporary Employee Housing regulations to clarify that the units to be placed on
these sites are not classifled as "manufactureO homes", but rather "factory-built non-residential
structures,,. The hope is that this will help clarify what these structures are in the eyes of the
building code and maintain language consistency between the building code, State
requirements and the Zoning Resolution'
II. REQUEST
TomodifySection S.O2.2l of theZoning Resolutionof lgTStocreateaMajorTemporaryEmployee
Housing requirement "=
proposed Uy Statf (Special Use Permit) for those facilities able to
accomrirod aieZsor more bedi, are noi completely contained on a state orfederally permit site, or
are going to be on location of a cumulative of more than one (1) year.
To create Section S.oZ.Z2of the Zoning Resolution of 1978 to create a MinorTemporary Employee
Housing requirement as proposed Uy Staff (Administrative Permit) for those facilities which can
accommod aleT -24 beds, aie comptlte[ 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.
U2912008 -t2-
To create section 5.02.23of the Zoning Resolution of 1978 to create a small Temporary Employee
ff or=ing requirement as proposeO Uy-Staf (Use by Right with Performance Standards) for those
facilities which can accommodate t -i Z Ueas with a maiimum occupancy of T, 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 follows:
Major Permit - (Contain 25 or more beds)
S.OZ.ZI Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permit"):
(1) At times of severe housing shortage, extremely remote locations or other emergency
conditions, special ,se peri'lits for Major Temporary Employee Housing Facilities in the
nature of manutaeturee nem Factory
Built Nonresidential Structures [as defined under C.R.S. 24-32-3302(a)] and/or
recreational vehicles [as defined under C.R.S. 42-1-102 (61), with the addition that such
truck, truck tractor, moior home or camper trailer is being used for temporary living quarters
and not recreational purposesl may be granted for projects within Garfield County related to
commercial, industrial, minerjl exiraction or highway operations of substantial size in any
zone districi by the County Commissioners through the special use permit process. Such
housing shall Le of a temporary nature. At the expiration of the permit, the lands shall be
restored and all housing siructuies and associated infrastructure shallbe removed. Review
of the permit shall be srlOlect to $9.03 and $5.03 of the Garfreld County Zoning Regulations
of 1978 as Amended. All
Tem code
uirements, fire district
r Temporary following basic
characteristics:
A.
B.
The Major Temporary Employee Housing Facilities or any associated
infrastrutture (including ISDS) ("Major Facility(ies)) is not completely
contained within a StatJ 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,
The Major Facilities are to be located at the permitted site for more than a
cumulative of one (1) year; or,
The Major Facility shall contain twenty five (25) beds or more to
"..orrbdate employees, contractors or sub-contractors of the operator of
the small facility and ire needed for onsite safety of the related commercial,
industrial, extraction or highway operation.
C.
112912008 -13-
(2) Temporary Employee Housing Facilities containing 24 orfewer beds at any one given time,
will be on location for less than a cumulative of onl (1) year and are completely contained
within a state or federally permitted parcel (i.e. "Minor Facilities" or "small Facility") are
sunlect to the administrative review process and standards contained in Section 5.02.22and
Seition S.OZ.Z3 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 9.0i.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 IVIajor Facilities must comply with all
applicable state and locil laws and regulations- ln addition, allsewage must be disposed
of on-site using an lndividual Sewagebisposal System (lSDS) unless the applicant can
prove:
1. That, at the discretion of the Garfield County Board of Health, an ISDS system is
not feasible due to environmental, topographic or engineering conditions where
the temporary housing is to be located; or
2. That, at the discretion of the Garfield County Board of Health, year-round access
is available and maintained for safe and regular access for sewage hauling
vehicles. ln addition, the following conditions must be met:
d. The applicant must demonstrate and guarantee an arrangement for
hauling sewage; and
e. The afplicant must maintain all records including but not limited to trip
logs/reports and landfill receipts; and
f. Alisewage disposal records must be maintained as public records to
be available to the County and/or any other interested third par$ upon
request; and
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
gen-eration per person per day, then the facility shall be serviced by an
|SOS. 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 srppiiea to a site is from an approved source and that wastewater is disposed of
at an approved facility. For water faciiities not permitted by the Colorado Department of
Health and Environmlnt (CDPHE), the operator must 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. Any tests indicating coli form contamination must be
disclosed to the Garfield County Board of Health or designee. Water systems permitted
by the Colorado Department of Health and Environment (CDHPE) must obtain all
t/2912008 -14-
necessary state permits prior to the scheduling of a Special Use Permit for a Major
permit puntic hearing and maintain continuous Lonformance to state regulations at all
times during operation of the Major Facility.
(C) ln no case shall unsafe water be used for drinking nor shall raw sewage or contaminated
water be discharged on the ground surface'
(D) Special Use permits for Major Facilities must be related to one or more commercial,' ' industrial, mineral extraction or highway operation locations and shall be limited to a
spacing of at least one ('1) mile between
-Uaior
Facilities, regardless of laM ownership or
operat[r. Special Use Permits for Major Temporary Employee Housing Facilities for oil
and gas "*ti".tion
purposes in the Resource Lands (RL) zoning district may be
er.mlted by the BObC'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'pai, ihe 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 length of the Special Use Permit for Major Temporary
Employee Housing Facilities is onJ (1) year. For good cause shown, the permit may be
renewed annually'in a public meeting w'rth notice by agenda only. Annualrenewal review
shall be based on tt'le siandards herein as well as all conditions of the permit. A permit may
be revoked anytime through a public hearing called up by staff or the Board of County
Commissioners. By *"y Jt example and not limitation, continued non-availability of a
permanent housinj inventory or the nature of the construction or extraction project may
constitute ,,good Jause" foi renewal. The applicant must provide an estimated total
cumulative length of time the Major Facility(ies) will be atthe proposed location along with a
statement of intentions to requelt renewil past the one year expiration date as part of the-
Special Use Permit for Uajor 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
Commissioner= anj identified on the relevant site plan submitted with the Special Use
permit for a Major Facility(ies). lnhabitants of the Major Facilrty shall. be applicant's
employees and/oi 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' '
"n,irefuse.
Any hazardous or noxious materials that must be stored on site for operational
or security ,"rs'onr must be managed in accordance with all applicable federal, state and
local laws and regulations.
(A) Fire Protection; General Requirements:
U2912008 -15-
i. provisions shall be made for giving alarm in case of fire. lt shall be the responsibility
of the duly authorized attendint or caretaker to inform all employees about means
for summoning fire apparatus, sheriffs office and resident employees. Allfires are
subject to SiOT of the )OOg tni"rnational Fire Code (lFC) including but not limited to
permits, a{endance, open fires, coal grills, fire bans and bon fires' One (1) or more
approved
-rtinguisners of a type suitible forflammable liquid, combustible materials
or electricatfire-s lCtass A, Cliss 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 manufacturerwith
a fire sprinkler system, fire detection system, and/or alarm system shallbe 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) Sg07.2.9 and 5907.2.10 and the requirements of the relevant fire protection
districts.
iii. Single-station carbon monoxide alarms shallbe placed in each manufactured home
or recreational vehicle unit.
(B) Wildlife-proof refuse containers must be provided for trash. At least one thirty (30) gallon' ' (Acubic feet) container shall be provided for each unit or the equivalent in a central trash
iollection facility. Said containeils; must be durable, washable, non-absorbent metalor
plastic with tighi-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.
(D) The applicant shall provide a detailed map and GPS coordinates to the Garfield County' ' Sheriffs Office and ihe relevant Fire Protection District which is sufficient for emergency
response purposes, including location of the Major Temporary Employee Housing
Facilities site; private and puSlic roadways accessing the site, m31!ed. 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 Sheriffs Office and relevant Fire
Protection District.
(7) lf structures, requiring Building Permits under the Garfield County Building Code, are
constructed for the cJmmercia[ industrial, highway project or mineral extraction operation
related to the Special Use permit for Major Facilities upon expiration or revocation of the
permit Certificaies of Occupancy for such structures shall be withheld until the temporary
iiving quarters are removed and ihe site is restored to the satisfaction of the County Building
and Planning Director.
U2912008 -16
(g) lf a Special Use permit for Major Facilities is granted, the Applicant shall notify the county
when site development begins. tne applicant shall verify in writing, by site plan and through
photo documentation that the site, water system, and sewage disposal system were
besigned, installed and inspected in accordanle with the said special use permit and comply
witn-att applicable regulations, permits, and conditions. Altwritten documentation and site
plans reiitying "orpirn"" must be stamped by a certified Colorado Engineer. The county
also reserves the iignt to inspect a site, without notice, to assess compliance with the
Special Use permit f5r Major Facilities. A determination of noncompliance with any Special
Use permit tor n4alor Temporary Employee Housing Facilities, or condition approval!h"|"-ol,
is grounds for revocation or suspensionof said permit, in accordance with Section 59.01'06'
(g) lf there is suitable permanent housing inventory available in an area near the commercial,
industrial, highway project or mineral6xtraction'operation, as determined atthe discretion of
the BoCi, tne sdeciai Use permit for Major Temporary Employee Housing Facilities shall
not be granted.
(1g)No animals shall be allowed at Major Temporary Employee Housing Facilities on Location
sites.
(11) ln evaluating a request for a special Use Permit for Major Temporary.Employee Housing-
Facilities, thJCouniy 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 reclamaiion 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
distrib=ution infrastruiture, 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. Gulverts and any other
obstructions that were part of the accLss road(s) shall be removed. Upon closure of a
camp facility, wastewater tanks shall be completely pumped out and either crushed in
place, punciured and filled with inert material or removed. Any waste material pumped
from a wastewater tank or waste debris from tank removal must be disposed of at an
approved facility that is permitted by CDPHE and/or Garfield County to receive said
wastes. Materiais may not be burned or buried (other than ISDS) on the premises. All
disturbed areas affect-ed by Major Temporary Employee Housing Facilities or subsequent
operations shall be reclaimed as eariy and as nearly as praclicable 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
deiignee extends the time period because of conditions outside the control of the
applicant.
v2912008 -17 -
b. All areas compacted by Major Temporary Employee. Housing Facilities and subsequent- oferations shall o"
"i6=.-ripped.
dn crop land, iuch.compaction alleviation operations
shall be undertaken when'the soil moisture at the time of ripping is below thirty-five
p"i."nt (35o/o) ot fLtO capacity. Ripping shall be underta.ken to a depth of eighteen (18)
inches unless and to the'extent OeO rolf is encountered at a shallower depth'
c. When a Major Temporary Employee Housing Facilities s'rte is removed, all disturbed areas
will be restored and'revejetated is soon as fracticable. For disturbed areas not regulated
Uy tne 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 repiaceO to their original [tatire positions and contour, and shall be tilled
adequately to re-establish a firoper seedbed. The area shall be treated if necessary
and practic"if" to prevent invasion of undesirable species and noxious weeds, and
to control ".rtn. Any p"r"nnial forage crops thatwere 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 ac'hieve erosion conitrol and long-term stability, and shall be tilled
adequately in orderto 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 surfacE owner as to what seed mix should be used,
the applicant shall consultwith 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
CaTRJU County and State of Colorado List A and B noxious weeds.
e. Successful reclamation of the site and access road will be considered completed when:
(1) On crop land, reclamation has been performed as per 11(c)(1) of this section' and
observation by the Director or designee over two growing seasons has indicated no
significant unrestored subsidence.
(2) On non-crop land, reclamation has been performed as per 1 1(cX2) of this section,
and the total cover of live perennialvegetation, excluding noxious weeds, provides
sufficient soils erosion control as delermined by the Director through a visual
appraisal. ine Oirector or designee shall consider the total cover of live perennial
vegetation of adjacent or nearby undisturbed land, not including overstory or tree
canopy cover, hiving similar soils, slope and aspect of the reclaimed area.
(3) A final reclamation inspection has been completed by the D_irector or.designee, there
are no outstanding compliance issues relating to Garfleld County rules, regulations,
orders or permit c-onditions, and the Director or designee has notified the applicant
that final reclamation has been approved'
1/2912008 -18-
f. Specifically as to revegetation, the applicant shall provide security for revegetation of
disturbed areas in amount and in accordance with a plan approved by the Garfield County
Vegetation Management Department. The security shall be held by Garfield County until
vegetation has been successfully reestablished according to the standards in the Garfield
County Vegetation Management Plan adopted by resolution No. 2002-94, as amended.
Minor Permit - (Contain 7 to 24 beds)
5.02.22 - Administrative Permit for Minor Temporary Employee Housing Facilities (Minor Permit):
(1)MinorTemporaryEmployeeHousingFacilities,inthenatureof@
Factory Built Nonresidential Structures [as
defined under C.R.S. 24-32-3302(a)l and/or recreationalvehicles [as defined underC.R.S.
42-1-102 (61), with the addition that such truck, truck tractor, motor home or campertrailer 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 to all a
buildinq and fire codes
federal iequirements.
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
Commission (COGCC) approved oil/gas 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.
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.
U2912008 -19-
(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, hewever, may eheese te aPPly fer an AWDP eensisting ef
Administrative review is required for
permitting of each Minor Facility, in accordance with the process and timelines
contained in Section 5, below.
ldentityofApplicant:TheApplicantforaMinorPermit@
A\alD,+LmLlst 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 from 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 surface 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.
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 Garfield 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 Permifted 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 theApplicant 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
Directot's decision and contact information for the Department.
The application must also include the submittals required by Seetien€-and 4,
below.
B.
c.
U2912008
D.
-20 -
A, A master map/site plan in aeeerdanee with seetien l(H), belew' identitying "the
svrrrr, r rvY-r'
submi+ted--$;iih eaoh individ
and remeval fer eaeir Miner Faeility, The list shall alse inelude the estimated tetal
eumulative length ef time (number ef days) that the Miner Facilities are
unit meets Gurrent building cede and Gadield Geunty fire Gede requirements:
F, preef that required publie netieing has been Perfermed in aeeerdance with Sectien
e{Q-ageve=
(4) Submittals for Minor Permitj
p+evlaus+yappreved:
Sign-offs: review from the Garfield County Sheriffs Office and relevant fire
ffitection district(s). tt an nWop was previeu
e#s=
Sign-off: review from the Garfleld County Building Department of the state or
fe-deral "certifying Stamp" for each housing unit proposed for use and
demonstration-thit each proposed housing unit meets current building code and
fire code requirements. lf an AWDP has been Previeusly aPPreved'whieh
ana{C}-b,ela$r'
y2912008
B.
-21 -
^WDP,
aleng with the submittals listed in Seetien 2; ab€ve; shall submit:
@
c. General description of the water system-planned for potable water' along with
oetaiis regaioiig nrroei anJ votume of potable water tanks, source of water,
name of hauler, haule/s Colorado Department of Public Health and Environment
(CDPHE)registrationnumberandcopyofhaule/sCDPHEcertification,
frequency of delivery, anJ catculation 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 wiirr detaits regarding numberand volume of sewage and
wastewatervaults, name of hauler, frequency of pickup,.identif,tc-ation of sewage
disposal site, calculationli ie*age inO Gstewater treatment demand and
Oemon=tration of adequate storage and/or treatment capacity'
E. A general description of the system planned for collection and disposal of refuse'
along with detaits r"g"riinJieiusetottection, including number, type and volume
of containers; name "1.,rrT"i
ri"qr"n.y 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 ir the Permitted Site is within the Resource Land
zoneDistrict, as identifilJ in tn" Garfield county Assessol's records, and a list
of separated mineral estate owners in the subjecl lot or the Permitted Site if the
permitted Site is within the Resource Land ZoneDistrict, as identified in the
Oa.n.fa County Clerk and Recorders records'
G. A tist of the final dates of installation and removal of the Minor Facility and a
,"prlr"ntrlion of tne totat cumulative length of time (number of days) that the
rr/|inoiF""iritv wirr be installed at the proposed location.
H.SitePlan:TheApplicantshallsubmitanadequatesiteplan'consistentwith
section g.o1.o1 of this'zonin! Resolution and the requirements listed below:
i. Avicinity map indicating the section, township, and range of the subjecl
lot and tne-Lcaiion of- Minor Faciiity within the subject lot and the
permitted sitl; general relation to surrounding public roads, private
roads, adjacent utility systems, residential development, other actively
permitted M'r"i;d utalor Facilities, natural drainage_cour.ses and
municipalities *itnin oneit; mile of the proposed Minor Facility; north
arrow
"nO
*i"; CpS .obiOinates and'cuirent surface ownership of
the subject lot. tne vicinity map shall_b.e presented on a USGS 7.5
minute s.ri"s quaorangle Lt a scale of 1'=2000' or equivalent, with a
topography depicted a[a minimum of 40' intervals'
ii. surveyed layout of the prop_osed Minor Facility within the surveyed
boundariesttlne permitted site, including at a minimum: sewage and
wastewater Oi=pos"f , trash receptacles, potable water storage, all other
associated infrastructure and all other equipment located within the
1l2gl2oo8 -22 -
Permitted Site.
iii. ldentification of the private and public roadways accessing each Minor
Facility. noaoway-siili1; mar.xe! as open' gated' and/or locked
(include comuinjtLnri o"t"ir"o. directions, with mileage, shall be
given from tn" neaie=i town within Garfield county, nearest Garfield
CountySheriffsotr""dispatchlocationandresponsiblefiredistrict
neaOqlarters to each Minor Facility, along each roadway'
iv.Name,addressandphonenumberofsurfaceownerofthesubjectlot
or the permitted siie if the permitted site is within the Resource
Land Zone District.
v.Name,addressandphonenumber'includingaZ4-houremergency
responsenumberofatleasttwopersonsresponsibleforoperatois
emergency tierJ opeiations; contact numbers for local hospitals,
emergency r""pon J", fi re protection. d istricts, G arfield cou nty Sheriff s
Office, Life/CarJ ifight, Lnd applicable regulatory agencies; site
safety/evacuation plin;' and-any..other written response plan for
potentiat emergencies at the Permitted Site'
vi. ldentification of the final dates of installation and removalof the Minor
Facility. Tne site'pian tn"if include.a notation of the total cumulative
length of time 1n-ulnOer ot 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
emptoyee oi oin", authorizej;p;";;;t"tive who is in charge of ensuring that the
Minor Facility is in comprian"e-*itn-the standards outlined in section 5'02'22
("Operator's
-Compliance Office/')'
J.Aform,providedbytheDepartmentandsignedbytheoperator,sCompliance
Officer, indicating that the ffir"iF""ility wiil be initatteO in accordance with all
applicabte Carfie'iO County, i"t"uant fire district, state and federal regulations'
K. A form, provided by the Department and signed by the operator's compliance
officer, indicating that the-6H;i; suuiits 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,
"onJ',tiont
of approvit, time peliod for which the permit is
valid and the parameters tor-rectrr"ii6n and revegetation of the Minor Facility
once the state or federal p"irittor the Permitted Site has expired or is otherwise
terminated
(5) Timeframe of Review and Administrative Determination:
A.UponsubmittalofanapplicationforaMinorPermit@
to the Department, a tecnnical compliance check shallbe completed and notice
y2912008 -23 -
B.
of compliance or non-compliance sent to the Applicant by the Director within
f"r,t"il (14) calendar days of submittal. Once an application for a Minor Permit
er-AJAlDpis deemed technically compliant by the Director, the Director shall
issue a determination of approval, approval with conditions or denial within
fourteen (14) calendar days following the date .of technical compliance
determinaiion. Unless otherwise providLd herein, the expiration of any time
limitation imposed upon the AoaiO of County Comm.issioners, the Planning
Commission, or any other County representative, shallbe interpreted a.s !t3vi1S
"on."qr"nce
only in entitling aninterested party to reQuest.judicial relief.in the
nature of mandamus. The eipiration 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.
lf the Director finds in reviewing an application that the application meets the
standards set forth in this Zoning Resolution, the Director shall approve the
"ppfi""tion
for a Minor Permit and issue the Minor Permit to the Owner of the
sublect lot '
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
trrtinor Facility(ies). Such conditions may include, but are not necessarily limited
to, the relocition'or modification of pr,oposed access roads, facilities (including
water and Sewer facilities), or structures; landscaping, buffering, or screening.; or
any other measures necessary to mitigate any significant impact on sunounding
properties and infrastructure'
c.
D. 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 Directoi shall deny the Minor Permit-eraPplieatien
fer aPPreval ef an AWDP.
(6) Reconsideration Hearing: Once the Director issues a determination on the application the
determination shall n6t Oe 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 Permifted 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 Directof s determination shall become final only
after the expiration of this fourteen (1 4) calendar day period, and only if the determination
is not reviewed and acted upon byine goCc at a subsequent reconsideration hearing.
A. Request gV nppfieant er naj for Reconsideration of
Decision.
i. written Request. The Applicant (and the owner, if the owner is represented as
detailed in (211e;, above), an adjacent property ownerwithin 200'of the subject
lot or the Permitted Site if the Permitted Site is within the Resource Land
y29/2008 -24 -
zoneDistrict, or the mineral estates owners as defined in subsection iv,
below, aggrieved nv tn" Director's decision may request reconsideration by
the BOCC by meani of a written request filed with the Department within the
fourteen (1a) daY Period of time.
ii. Schedule Public Hearing. A public hearing by the BOCC shall be held at the
next available gOCC's rJgularly scheduled meeting date in which all required
prior puUfic noticing can t;ke piace (Reconsideration Hearing).
iii. Notice by Publication. At least thirty (30) calendar days. prior to the date of the
scheduled Reconsideration Hearing,'the aggrieved party shall have published
a notice of public hearing in a newipapelqi general c.irculation in the area in
which the proposed Minor Facility er AWDP is located'
iv.NoticebyMail@.Atleastthirty(30)calendardays
priorto tne oate 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); ana "eparated
minerat estate owners (as defined in section 24'
65.5-101 et seq., c.R.s., as amended) under the subject lot or under the
Permifted site'if the Permitted site is within the Resource Land zone
District, as identified in the records of the Garfield Gounty Glerk 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 aggieve.d party..need not
ioii"rifse/fl The notice shallinclude a vicinity map, llne legaldescription of the
subject lot, a short narrative describing the Minor Facility "l4W+: and..an
announcement of the date, time and locltion 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
DirectorL decision, modify the decision or reverse the decision, based upon
comptlance of-the'proposed Minor Facility ?+ryDf with the regulations
contained in this Zoirin! Resolution and, specifically, SectionS'02'22'
B. Call-up by Board. within fourteen (14) calendar days of the date of receipt of
notice of the Directods decision, ine AOCC 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
commission"o, "ttn" next regular meeting of the Bocc and set a public
hearing Oy a majority vote ot-tfre BOCC in favor of the Reconsideration
Hearing.
U2912008 -25 -
ii.NoticebyPublication'Atleastthirty(30)calendardayspriortothedateofthe
scheduled Reconsideration iearinibefore the Bocc, the Director shall have
puUtisneJa notice of public hearinglin a newspapglolg:ner.al circulation in the
area in which the proposed MinorFacility-e+,AJA/DP is located'
iii.NoticebyMail@.Atleastthirty(30)caIendardays
priorto tnl o.t" of the scneJueo Reconsideration Hearing, the aggrieved party
shall send by certifled *"ii ,."turn receipt requested, a-written-notice of the
public hearing to adjacent property -owngrs
within 200 feet of the subject
tot or 200 feet from the F"r.itt"d site if the Permifted 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
p"rtyt; ;;J separated mineral estate owners (as defined in section 24-
65.5.101etseq.,c.R.S.,asamended)underthesubjectlotorunderthe
Permitted Site if the Permifted Site is within the Resource Land Zone
District, as identifiea in ihe records of the Garfield county clerk and
Recorder. the owners of record of all adjacent property within 200 feet of the
"uui"Jl,ri or 200 feet from the Permitted site if the Permitted site is
within the Resour"" urnJ ion District. The notice shall include a vicinity
map, the legal description ot-tne subject lot, a short narrative describing the
Minor Facility €FAIA/DP, 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 "uio"n""
received at the hearing, the Board may uphold
the Directo/s decision, ,oJ'ry ihe decision or reveise the decision' based
upon compliance of the propoiea Minor.Facility eF4lAPPwith the regulations
contained in this Zoninginesolution and, specifically, Section 5'02'22'
(7) The Minor Facility shall adhere to the following Minor Permit standards:
A.MinorFacilitiesmustcomplywithallapplicablefederal,stateandlocallawsand
regulations'
B. Operator must keep and maintain appropriate records, to be provided to the
Coun!-or
"nV
int"tl=ted third party upon request, to demonstra,te that potable
water supplied and sewage ani w"ste*ater meetthe representations contained
within ihe'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 ue oiscnarged on the ground Jurface. The operator 9.ha.l]
conduct monthly tests (oi quartidy if an on-iite disinfection system is installed)
and maintain records of sioreO potable water samples specific for coli form
oacteiia. nny t"rt= inoicating coli'form contamination must be disclosed to the
Garfietd.County Board oi iJaftn 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. nnv n"i"toous or noxious materials that must be stored at
y2912008 -26 -
the Minor Facility for operational or security reasons must be managed in
accordance witn 'ariapplicable federal, state ind local laws and regulations'
E. At least one thirty (30) gallon (4 cubic feet) wildlife-pro.9f refuse container shall be
provided for eacit- mlnutaciured home or recieational vehicle unit. Said
container(s) musi be durable, washable, non-absorbent metal or plastic with
tight-fitting lids.
F' Refuse shall be disposed of weekly, at a minimum' operators m.ust. keep
appropriate r""oro=lio te provioed to tne 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 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 sprinxier system, fire detection system, and/or alarm system shall be
inspected, tested-, ano maintained in accordance with 2003 lFc s901'4 and
S9o1.o and as i"iuii"o by the relevant fire protection district(s)' Smokg alarms
and manuaf nre ailim s,=i"r= shall be installed, inspected and maintained in all
other manufactured home or recreational vehicle unlts in accordance with 2003
lnternationar rireCooe (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 extinguishe(s) of a type suitable for flammable
liquids, comUusiiUte materials and e[ectrical'fiies (Class ABC), or dry chemical'
shall be locateJ in each manufactured home or recreational vehicle unit and
placed in accordance with applicable codes'
K. lnhabitants of the Minor Facility shall be Applicant's employees a.nd/or
subcontractors, working on the related commercial, industrial or mineral
extraction operation, ani not dependents of employees, guests or other family
members.
L. Within 10 days following the expiration or othertermination of the Minor Permit or
refresented'daie of rJmoval identified within the Minor Permit, all housing
structures, foundations and associated infrastructure shall be completely
removed. fne Opeiator shall provide the Department with photos, dated and
signed uv the operato/s compliance officer, indicating that all housing
Structures, tounOaiions and associated infrastructure has been removed within
the sPecified timeframe.
M.NodomesticanimalsareallowedataMinorFacility'
U2912008 -27 -
N.A water storage tank shall be required to provide water to the sprinkler system
"nJlniii"t
sup-pression activities. The size of the water tank shall be determined
Uased on spinkler calculations and initial suppression demands' The size of the
;;i;ari;r;ge tank snatt be determined by the relevant fire protection district' lf
tne lrainor F-acility is located outside the boundaries of a fire protection.district,
than Each Minor racirity shall have at least one (1) water storage tank with a
minimum of 2500 gallonl of stored waterfor initialfire suppression, operation of
=prinif.r systemslif applicable) and wild land fire protection.
All emergency situations requiring action by any government agency or fire
pi"t""ti"n aistrict sfratt be docume-nted in wri[ing and presented to the Planning
il;;,fi;"i and carf,retd County Sheriffs Office within 24 hours of the
occurrence.
p. All required Access Permits shall be obtained from the Garfield county Road and
Bridge Department or the colorado Department of Transportation'
e. The Garfield County Sheriffs Office and relevant fire protection district(s) must
be notified at leasi 24 hours prior to installation and removal of each Minor
Facility. fne Oeia*ment shall be copied on all such notification, whether hard
copy or electronic.
R. The operator shall maintain records identifying workers, whether employees or
sub-contractors, anO documenting the dates that each worker is housed at the
Minor. Facility. duch records shall be provided to the County or any additional
third partY uPon request'
S. Wastewater DisPosal:
i. Vault system: All vault systems shall be designed and install?g to
accommodate the maximum number of persons, identified within the Minor
permit ,ppfi"rtion, 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
p", p"rron-p!,. o"y. lf a vault system is proposed or has been approved,
the APPlicanUOPerator must:
a. Demonstrate that year-round vehicular access is available and
maintained for safe Lnd regular access for sewage hauling vehicles'
b. Provide a copy of the contract for hauling sewage'
c. Maintain all sewage disposal records including but not limited to trip
logs/reports and iandfill'receipts as public records, available to the
C5unty 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
genLration per person per day, then the facility shall be serviced by an
o.
y2912008 -28 -
lsDS. Hauled sewage and wastewater service shall not be permitted
tor any facility wnicn-witt generate a total of 2000 gallons of wastewater
and sewage Per daY'
ii. lndividual Sewage Disposal System (ISDS): lf an |SDS.is proposed or.has
69;; approveO] then it shail be designed, installed..and operated to
accommodate the maximum number of persons who will inhabit the Minor
F;;ilit and shall otherwise be operated in accordance with the Garfield
d;ty ISDS regutations as contained in BOCC Resolution Number 1994H-
1 36.
(8) Enforcement:
A. procedures:Violations of Section 5.O2.22are subjectto Section.l2and Section
g.01.-06 of tni" Zoning Resolution and the procedures contained in this Section
(8).
B. lnspection: The BOCC reserves the right to inspect any Minor Facility, including
structures and infrastructure and any other related improvements, and/or
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;
anO sfecitic conditions of tne Minor Permit. Such authorized representative(s)
may-inspect ISDS systems under the County ISDS regulations (adop_ted by
BOCC iesolution 19-94H-136). Any official performing an inspection shall abide
by all laws of search and seizure, ai set forth by ledelal 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 orthe Garfield
CountySheritfsofficewillbereportedtotheDirector.
C. permit Revocation: All enforcement actions run with Minor Permits for individual
MinorFacilities'lfitisfound,consistentwiththe
procedure identified in Section 9.Ol .06, that the permitted Minor Facility was not
instalted 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 susp_end 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 thatlhe Minor Facility is out of compliance with that
,g"n"y," or district's regulations. lf a lr/inor Permit is revoked, the previously
permitied Minor Facility Jnatt Ue immediately vacated and any installed structures
and infrastructure snilt Oe removed within the fourteen (14) calendar days
toffowinj the date of revocation. Proof of removal shall be provided to the
euitOing-and Planning Department by 5:00 PM on the fourteenth (14) calendar
Oay. Srich proof shall-be in the form oi photo documentation signed and dated by
the ComPliance Officer.
112912008 -29 -
E. Liability: Owner of the subject lot and the Operator of the Minor Facility are each
individually responsible for compliance with the regulations contained in this
Zoning Resolution and, specifically, Section 5.02.22.
F. Three (3) Revoked Permits: Upon revocation of three (3) Minor Permits, the
Building and Planning Director shall refer the fourth (4th) and all future Minor
Permit applications by the otfending Operator to the BOCC. The BOCC shall
review such applications as a request for a Special Use Permit, in accordance
with the Major Facility regulations contained in Section 5.02.21 of this Zoning
Resolution.
G. The offending Operator may be allowed to submit future applications for Minor
Permits for review and approval by the administrative process 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 3.01 Nl,3.02
A/R/RD, 3.03 RLSD, 3.04 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, 3.12L|,3.13 PA,3.14 DWC,3.',l5 CDWC
Small Facility - (Contain Maximum of 12 Beds, 1/z of Which Can Be Occupied at Any One
Given Time)
Use by Right with Performance Standards
THE GHIEF BUITBING EFFICIAT FER RV'S USED AS TEMPoRARY HOUSING FAEITITIES,
Section 5.02.23: Small, On-Site Temporarv Emplovee Housinq (Small Facilitv(ies))
(1) Small Facilities, in the nature of
(4€€){b)I Factory Built Nonresidential Structures [as defined under C.R.S. 24-32-
3302(a)l but NOT recreational vehicles [as defined under C.R.S. 42-1-102 (61), with+he
ffiincIudingtruck,trucktractor,motorhomeorcampertraileris
, 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 suhjeet tp all applicahle reqr rircments of Garfield
Countybuildinqandfirecodes(buildinqcode,firecode),statean@
code
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 Oil and
Gas Conservation Commission (COGCC) approved oil/gas well pad) in which
U29/2008 -30-
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 Tz of the 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.
Temporary employee housing facilities that do not have the three characteristics
listed above, or consist of RecreationalVehicles as defined above, are subjectto
the administrative permit requirements orthe 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 9.0'1.06.
(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 documents (with
exception to (A), below) to the relevant fire protection district(s) and the Garfield County
Sheriffs 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 Sheriffs Office
indicating that the respective office has received all below document required in
Section 5.02.23(2) and are of adequate 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 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
("Operato/s Compliance Office/').
D. A form, provided by the Department and signed by the Operato/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 Operato/s Compliance
Offlcer, indicating that the Operator submits to the enforcement provisions
identified within Section (1), above.
U29/2008 - 31 -
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 otherwise 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
courses and municipalities within one (1) mile of the proposed Small
Facility; north anow and scale; GPS coordinates and current surface
ownership of the subject lot. The vicinity map shall be presented on a
USGS 7.5 minute series quadrangle at a scale of 1"=2000' or
equivalent, with a topography 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 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 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 Garfield County, nearest Garfield
County Sheriffs Office dispatch location and responsible fire district
headquarters to each Small On-Site Facility, along each roadway.
iv. Name, address and phone number of surface owner of the subject lot.
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 districts, Garfield County Sheriffs
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 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.
U2912008 -32-
Standards: All submittal require
::::r1:T:_*lll!: ?ritdins code Enfolc-em.ent shail be in accordance with the buirdingcode and the enforcement provisions detailed in subsection (1), above. The Small Facilit!shall demonstrate or certify compliance with the following standards at the time of buildinipermit application:
A' Small Facility must comply with all applicable federal, state and local laws and
regulations.
C. ln no case shall unsafe water be used for drinking nor shall raw sewage orcontaminated water be discharged on the ground surface. The operatorih"tt
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 theGarfield County Board of Health or designee within 72 hours from the time thecontaminated 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 bestored at the Small Facilityfor operational or security reasons must be managedin accordance with all applicable federal, state andlocal laws and regulatioirs.
E. At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shall beprovided for each manufactured home or recreational vehicle unit. Saidcontainer(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 keepappropriate records, to be provided to_ the County or any interested third party
upon request, to demonstrate that refuse is collected in a timely fashion anddisposed of at a licensed facility.
G. Outdoor food storage is prohibited.
H.Manufacturedhome@equippedbythemanufacturer
with a fire sprinkler system, fire detection system, anAlbr alaim system shall beinspected, tested, and maintained in accordance with 2oo3 lFb g9o1.a and
S901'6 and as required by the relevant fire protection district(s). Sm-ofe alarmsand manualfire alarm systems shallbe installed, inspected and maintained in allother manufactured home er reereatienal vehiere un'its in accordance with 2003lnternational Fire Code (lFC) 5907.2.9 and g907.2.10 and the requirements ofthe relevant fire protection districts.
with ANS!/NFPA 1 19^ standards fer reereatienal vehieles, The Small raciiity
shall Nor contain recreationatvehicles as defined in section (l or s.oz.z:J
t/29/2008
t.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 electricalfires (class ABc), or dry chemical,
shall be located in each manufactured home or recreational vehicle unit and
placed in accordance with applicable codes.
Domestic animals are prohibited at all Small Facilities.
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
Sherriffs Otfice (if not located within a fire protection district).
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 Sheriffs
Office within 24 hours of the occurrence.
All required Access Permits shall be obtained from the Garfield County Road and
Bridge Department or the Colorado Department of Transportation.
The Garfield County Sheriffs 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 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 ApplicanUOperator must:
Demonstrate that year-round vehicular access is available and
maintained for safe and regular access for sewage hauling vehicles.
Provide a copy of the contract for hauling sewage.
J.
K.
L.
M.
N.
o.
P.
o.
t/2912008 -34-
c. Maintain all sewage disposal records including but not limited to triplogs/reports and landfill receipts as public records, available to the
County and/or any other interested third pafi upon request.
d. lf the total waste production from a facility will be 2000 gallons per dayor greater based on a production of 75 gallons of wasiewatei
generation.per person per day, then the facilityshall 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.
iii. lndividual Sewage Disposal System (ISDS): lf an ISDS is proposed, then itshall be designJd, insialled aira oferated to accommodate the maximum
number of persons who will inhabit the Small Facility and shall otherwise bepermitted and operated in accordance with the Garfield county lsDS
regulations as contained in Bocc Resolution Number 1gg4H-136.
The use, "Small On-Site Temporary Employee Housing Facility in compliance with Section5.02.23', wiil be_addeg 1. Me by !gt't in th;3.01 Nt,s-.ozrumRo, g.oi nLso, 3.04 RLUD,3'05 RGSD,3.06 RGUD,3.o7 cL,3.o8 cG,3.o9 OS,3.1o R1,3.11 IVMH/G tUD,3.1zll,3.1iPA, 3.14 DWC, 3.15 CDWC
Definitions:
Theuse,duringtimesofhousingshortage,of@FactoryBuiltNonresidential
Structures [as defined under c.R.s. 24-32-3g01and Resolution #35 0f the cotorado stateHousing Boardl and/or recreationalvehicles (with the exception thatsmall Facilities shall notinclude recreational vehicles per Section 5.02.23) as removable housing, utilized for a period oftime not longer than one year, for workers who are engaged in a commelci"t, lndrstrial, mineralextraction or highway operation and who are needed onsite for the proper eiecution anO satety oithe related operation, including:
1 . Small Facilities which may contain up to 12 beds of which a maximum of Tz of theproposedbeds are occupied 3t any given time on a "Permitted Site", as defined in section Z.Ob.qZl;2. Minor Facilities which contain 7 - 24 beds on a "Permitted Site', as defined in section2.02.421;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 ptanned to be utilized for aperiod of time_ long_e_r than one-year; or otherwise meet the requirements of Sectio n S.O2.2jand Section 5.02.22.
Such facilities are subject to land use approval by means of either an administrative process or a
P,-b-li9 hearing process, underthe circumsiances, itandards and requirements contained in Sections5.05.21 or 22lor 231 of this Zoning Resolution.
2.02.421 Permitted Site:
U29t2008 -35-
1.
2.
3.
4.
5.
6.
lv.
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 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 revegetition) 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 COMMISSIONERS
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 parties 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.
That on May 9, 2007, August 8, 2ooz and september 12, 2007 the planning
Commission held a meetings to discuss the application. At the regularly schedule-
September 12,2007 meeting the Planning Commission recommended thaitne Board of
County Commissioners approve the text amendment as depicted in Exhibit H, Exhibit t
and Exhibit J.
That on November 19,2007 The Board of County Commissioners accepted the public
notice for this application, heard a staff presentation regarding the Staff and planning
Commission proposal, and heard public comments. The Board voted 3-0 to continue
this Public Hearing to February 4,2OOB.
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.
That the application has met the requirements of the Garfield County Zoning Resolution
of 1978, as amended.
U2912008 -36-
Major Permit - (Occupied by 25 or more people)
S.O2.21Special Use Permits for Major Temporary Employee Housing Facilities ("Major Permit"):
(1) At times of severe housing shortage, 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. 42-1-102 (106) (b)] and/or
recreationalvehicles [as defined under C.R.S. 42-1 -102 (61), with the addition that
such truck, truck tractor, motor home or camper trailer is being used for temporary
living quarters and not recreational purposesl may be granted for projects within
Garfield County related to commercial, industrial, mineral extraction or highway
operations of 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. Review of the permit shall be subject to
59.03 and g5.03 of the Garfield County Zoning Regulations of 1978 as Amended. All
Special Use Permits for 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 accommodate twenty five (25) or more employees,
contractors or sub-contractors of the operator of the facility at any one given
time and are needed for onsite safety of the related commercial, industrial,
extraction or highwaY oPeration.
(2) Temporary Employee Housing Facilities accommod ating 24 or fewer people 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 subject to the review processes 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, 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 Garfield County Board of Health, an
ISDS system is not feasible due to environmental, topographic or
engineering conditions where the temporary housing is to be located;
or
2. That, at the discretion of the Garfield county Board of Health, year-
round access is available and maintained for safe and regular access
for sewage hauling vehicles. ln addition, the following conditions must
be met:
a. The applicant must demonstrate and guarantee an
arrangement for hauling sewage; andb. The applicant must maintain all records including but not
limited to trip logs/reports and landfill receipts; andc. 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; andd. 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 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.
(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 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 water samples specific for coli form. Any tests indicating coliform
contamination must be disclosed to the Garfield 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 Major Permit public hearing and
maintain continuous conformance to state regulations at all times during
operation of the Major Facility.
(c) ln no case shall unsafe water be used for drinking nor shall raw sewage or
contaminated water be discharged on the ground surface.
(D) special Use Permits for Major Facilities must be related to one or more
commercial, industrial, mineral extraction 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 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 well as all conditions of the permit.
A permit may be revoked anytime through a public hearing called up by staff or the
Board of County 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 part of the Special Use Permit for Major Facilities
application. Failure to provide a statement of intention for renewalwill 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, sheriffs 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 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 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, flre detection system, and/or alarm system shall be
inspected, tested, and maintained in accordance with 2003 IFC 5901.4 and
S901.6 and as required by the relevant fire protection district(s). Smoke alarms
and manualfire alarm systems shall be installed, inspected and maintained in
all other manufactured home or recreational vehicle units in accordance with
2003 lnternational Fire code (tFc) 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 refuse 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
centraltrash collection facility. Said containe(s) must be durable, washable, non-
absorbent metal or plastic with tight-fitting lids. Refuse shall be disposed of 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.
(D) The applicant shall provide a detailed map and GPS coordinates to the Garfleld
County Sheriffs 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 rightof-way. The map is subject to approval by the Garfield County
Sheriffs Office and relevant Fire Protection District.
(7) lf structures, requiring Building Permits under the Garfield 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) lf a Special Use Permit for Major Facilities is granted, the Applicant shall notify the
county when site development begins. The applicant shall verifl7 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 housing inventory available in an area near the
commercial, industrial, highway project or mineral extraction operation, as determined
at the 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.
(11) ln evaluating a request for a Special Use Permit for Major Temporary Employee
Housing Faiilities, the County Commissioners may require compliance with additional
conditiolns 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 speciflc
site'addressing all points 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 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. Culverts and any other obstructions that were part of the access
road(s) shall be removed. Upon closure of a camp facility, wastewater tanks shall
be completely pumped out and either crushed in place, punctured and fllled with
inert materiaior remored. 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 sna]t Oe 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 shail be cross-ripped. On crop land, such compaction
alleviaiion 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
undertaken to a depin 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 aieas 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' '
lanOs 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 perennialforage
ciops that were present before disturbance shall be reestablished'
(2) Revegetation of non-crop lands. All segregated soil horizons removed fromnon-crop lands shall be replaced to their original relative positions and
conto_ur 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 favorableseason. Reseeding with species consistent with the adjacent plant
community is encouraged. ln the absence of an agreement between theapplicant and the affected surface owner as to whlt seed mix should beused, the applicant shall consult with a representative of the local soilconservation district to determine the proper seed mix to use in revegetatingthe disturbed area.
d. During occupation and reclamation operations, alldisturbed areas shall be keptfree of Garfield County and State of iolorado List A and B noxious weeds.
e. Successful reclamation of the site and access road will be considered completedwhen:
(1) On crop land, reclamation has been performed as per 11(c)(1) of thissection, and observation by the Director or designee oveitwo'growing
seasons has indicated no significant unrestored subsidence.
(2) On non-crop land, reclamation has been performed as per 1 1(c)(2) of thissection, and the total cover of live perennial vegetation,'exctuaing noxiousweeds, provides sufficient soils erosion controlis determined oylne
Director through a visual appraisal. The Director or designee shall consider
the total cover of live perennial vegetation of adjacent oinearby undisturbed
land, not including overstory or tree canopy cov-er, having similar soils, slopeand aspect of the reclaimed area.
(3) A final reclamation inspection has been completed by the Director ordesignee, there are no outstanding compliance issues relating to GarfieldCounty rules, regulations, orders or permit conditions, and the Director ordesignee 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 witn a plan approved by thLGarfield Qolnty Vegetation Management Department. The seiurity shall be heldby Garfield.CoyntY until vegetation has been successfully reestablished accordingto the standards in the Garfield County Vegetation Management plan adopted by-resolution No. 2002-94, as amended.
Minor Permit - (Occupied by 9 to 24 peopte)
5.O2.22 - Administrative Permit for Minor Temporary Employee Housing Facilities (MinorPermit):
(1) Minor Temporary Employee Housing Facilities, in the nature of manufactured homes
[as defined under C.i.S. 42-1-102 (i06) (b)] and/or recreationalvehicles [as defined
under C.R.S. 4Z-i-102 (61), with the addition that such truck, truck tractor, motor home
or camper trailer is being uied for temporary living quarters and not recreational
purposesl, may be granled land use approvalfor projects related to commercial,
industrial and mineLl extraction operations in any Zone District by the Building and
planning Department Director (Director), through the Minor Permit process. Such
housinglshait Oe of a temporary nature, and at the expiration or other termination of the
Minor Fermit, all structures, foundations and associated infrastructure shall be
completely removed. Such facilities are subject to all applicable requirements of
Garfield iounty building and flre 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
Commission tCOCCi) approved oil/gas well pad) in which reclamation and
revegetation are secuied with the peimitting agency (Permitted Site); and'
B. The Minor Facility is located at the Permitted Site for less than a cumulative of
one (l) Year; and,
C. The Minor Facility shallaccommodate nine (9) to twenty-four Q4) employees,
contractors or su-b-contractors of the operator of the small facility at any one
given time and are needed for onsite safety of the related commercial, industrial,
extraction or highwaY oPeration.
Temporary employee housing facilities that do not have the three characteristics listed
above, i.e., accommodate I or fewer people, on location for more than a cumulative of
one (1) year or not completely contained within a Permitted Site, i.e. "Small Facility" or
"MajoiFacilities", are subjecito the review processes and standards and requirements
coniained in Seciion 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 piovided by the Building and Planning Department (Department)
anb be issued a Minor Permit by ihe Director prior to commencing installation of the
Minor Facility.
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 timelines contained in Section 5,
below. The Applicant, however, may choose to apply fol an AWDP co-nsisting of
multiple Minoi 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
[ermitting oi each Minor Facility, in accordance with the process and timelines
contained in Section 5, below.
r
I
I
B. ldentity of Applicant: The Applicant for a Minor Permit or for approval of anAWDP must be the owner of the surface estate of the subject'lot(Owner),consistent with Section 9 of this Zoning Resolution. lf a representative isacting on behalf of the Owner, an acknowledgehent from the Owner shall beincluded with the application submittals requiied by Section 4, below. Such anacknowledgment may be in the form of a letter of iuthority/agency or a lease,surface use agreement or similar document of legal effeci Oemonitrating that theOwner has given the representative permission to use the surface estate forinstallation of one or more Minor Facilities and permission to process applicationsfor land use and building code permits on behaif of the ownerls;. me '
representative may be the operator of the Minor Facility(ies) (Operator), a land
use planner, engineer, consultant or any other type or iutn6rize d
representative/agent.
C. Public Notice: At the time of submittal of an application for a Minor permit orapproval of an AWDP, the Applicant shall demonstrate that notice was mailed toadjacent property owners within 200 feet of the subject lot or 200 feet from thePermitted Site if the Permitted Site is within the Resource Land ZoneDistrict, as identified in the Garfield 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 24-6s.s-1oi et seq., c.R.s., asamended) under the subject lot or under the Permitted Site if iile permitted
Site is within the Resource Land Zone District, as identified in the records ofthe Garfield County Clerk and Recorder. Public Notice shall include at aminimum: name of the Applicant and representative (if different), description/map
of the subject lot with proposed location of Minor facilitylies), general description
of the proposed Minor Facility(ies), explanation of the reconsidlration process,
outlined in Section 6, below, with the timeframe to request reconsideration of theDirector's decision and contact information for the Department.
D. The application must also include the submittals required by Sections 3 and 4,
below.
(3) Submittal Requirements for an AWDP: At a minimum, the Applicant for approval of anAWDP, 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 theproposed location and anticipated layout for all Minor Facilities to be inltailedwithin the AWDP. Site specific, surveyed maps depicting the location of eachMinor Facility, located within the Permitted Site within th6 subject lot, shall be
submitted with each individual Minor Permit application ana not with the
application for approval of an AWDP.
B. The master map/site plan shall include a list of the anticipated dates ofinstallation and removal for each Minor Facility. The list shall also include the
estimated total cumulative length of time (number of days) that the Minor
Facilities are anticipated to be installed at the proposed-location.
C. Sign offs from the Garfield County Sheriffs Office and relevant fire protection
district consistent with Section a(A) and (B), below.
A legible photo of the state or federal "certifying stamp" for each housing unit
antiiipated to be used within the AWDP and demonstration that each proposed
unit meets current building code and Garfield county fire code requirements.
A general description of infrastructure and services listed in Section 4(C) - (E)'
beIow. The detail required at the time of application for a Minor Permit is not
required at the time of application for approval of an AWDP'
F. proof that required public noticing has been performed in accordance with
Section 2(C), above.
Assuming approval of the AWDP, following the timeframe for reconsideration
detailed in Section 6 below, the Applicant may proceed to submit individual
applications for the Minor Facilities proposed within the AWDP, in accordance with
the submittal requirements, standards, administrative review process and timeframes
and the reconsideration process and timeframes, stated in Sections 4 -7 , below.
(4) Submittals for Minor Permit, including Minor Permit application for which an AWDP was
previously approved:
D.
E.
A.
B.
C.
D.
E.
F.
Sign-offs: review from the Garfield County Sheriffs Office and relevant fire
pr6tection district(s). lf an AWDP was previously approved in accordance with
bection (3), above, the Applicant for a Minor Permit need not resubmit the sign-
offs,
Sign-off: review from the Garfleld County Building Department of the state or
feJeral "certifying Stamp" for each housing unit proposed for use and
demonstration tnlt each proposed housing unit meets current building code and
fire code requirements.
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 hlauler, hauler's Colorado Department of Public Health and Environment
(CDPHE) registration number and copy of hauler's CDPHE certification,
ir"qr"n.y oidelivery, and calculation of water demand and demonstration of
adequate capacity.
A general description of the system planned for collection and storage of sewage
anl wastewater, along with details regarding number and volume of sewage and
wastewater vaults, name of hauler, frequency of pickup, identification of sewage
disposal site, calculation of Sewage and wastewater treatment demand and
demonstration of adequate storage and/or treatment capacity.
A generaldescription of the system planned for collection and disposal of refuse,
aling with details regarding refuse collection, including number, type and volume
of containers; name of hauler; frequency of collection; and identification of refuse
disposal site.
A list of adjacent surface owners within 200 feet of the Subject Lot or 200 feet
from the Permifted Site if the Permitted Site is within the Resource Land
G.
H.
Zone District, as identified in the Garfield County Assessor's records, and a listof separated mineral estate owners in the subjeci lot or the permitted Site if thePermitted Site is within the Resource LandZone District, as identified in theGarfield county clerk and Recorders records. lf notice was given for anapproved AWDP in accordance with section 2, above, notice need not berepeated for each minor permit application submitted under that approved
AWDP.
A list of the final dates of installation and removal of the Minor Facility and arepresentation of the total cumulative length of time (number of daysj that theMinor Facility will be installed at the proposed location.
site Plan: The Applicant shall submit an adequate site plan, consistent withsection 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 s-ubject lot andthe Permitted site; general relation to surrounding public roads,private roads, adjacent utility systems, residential development, otheractively 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 ausGS 7.5 minute series quadrangre at a scare of 1"=2b00'or
equivalent, with a topography depicted at a minimum of 40' intervals.
ii. surveyed layout of the proposed Minor Facility within the surveyed
boundaries of the permitted site, including at a minimum: sewale andwastewater disposal, trash receptacles, potable water storage, 5ll
other associated infrastructure and all other equipment locafed 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 begiven from the nearest town within Garfield County, nearest Garfield
County Sheriffs Office dispatch location and responsible fire district
headquarters to each Minor Facility, along each ioadway.
iv' Name, address and phone number of surface owner of the subject lotor 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 opeiato/i
emergency field operations; contact numbers for local hospitals,
emergency resporse, fire protection districts, Garfield County Sheriffsoffice, Life/care Fright, and appricable regulatory agencies; iite
safety/evacuation plan; and any other written response plan forpotential emergencies at the permitted Site.
vi. ldentiflcation of the final dates of installation and removal of the Minor
Facilig. 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, ti1e, address, phone number and email address of the Operator's
employee or other authorzed 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 Compl iance Officer").
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, regulatingthe Permitted
Site, identifying the location, conditions of approval, time period for which the
permit is vaiiO ind 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. 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 techhically compliant by the Director, the Director shall
issue a determination of approval, approvalwith conditions 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 eipiration 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 approve the
application for a Minor Permit and issue the Minor Permit to the Owner of the
subject lot or approve the application for approval of an AWDP.
C. lf the Director finds that the application does not meet an applicable standard or
standards, the application may be approved with appropriate reasonable
conditions imposed to avoid or minimize the significant adverse impacts of the
Minor Facility(ies). Such conditions may include, but are not necessarily limited
to, the relocition'or modification of proposed access roads, facilities (including
water and sewer facilities), or structures; landscaping, buffering, or screening; orany other measures necessary to mitigate any significant imp#t on surroundingproperties and infrastructure.
D. lf the Director finds that the application does not meet an applicable standard orstandards and that the non-compliance cannot be mitigateO inrougn a
condition(s) of approval, the Director shall deny the Minor Permit 5r applicationfor 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 iJte of thedetermination in order to allow time for the applicant, adjacent pioperty owners within200' of the subject lot or the Permitted Site if the Permitted Site is within theResource Land Zone District, the Owner(s) of the subject lot or the permifted Site ifthe Permitted Site is within the Resource Land Zone District separateo mineratestate owners, and/or the Board of County Commissioners (BOCC)'to reconsider thedetermination made by the Director. The Director's determination shall become finalonly after the expiration of this fourteen (14) calendar day period, and only if thedetermination is not reviewed and acted upon by the Bobb at a subseqrlntreconsideration hearing.
A. Requestfor Reconsideration of Decision.
i. written Request. The Applicant (and the owner, if the owner is
represented as detailed in (2)(B), above), an adjacent property ownerwithin 200' of the subject lot or the Permitted Site it tne permitted Siteis 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 tne gobc by means
of a written request filed with the Department within the fourteen (14)
day period of time.
ii. schedule Public Hearing. A pubtic hearing by the Bocc shall be held atthe next available Bocc's regularly scheduled meeting date in which allrequired prior public noticing can take place (Reconsideration Hearing).
iii. Notice by Pubtication. At least thirty (30) calendar days prior to the date
of the scheduled Reconsideration Hearing, the aggrieved party shall
have published a notice of public hearing in a newlpaper of general
circulation in the area in which the proposed Minor ratitity or AWDp is
located.
iv. Notice by Mail. .At least thirty (30) calendar days prior to the date of thescheduled Reconsideration Hearing, the aggrieved party shall send bycertified mail, return receipt requested, a written notice ottne public
hearing to adjacent property owners within 200 feet of the subjectlot or 200 feet from the permitted site if the permitted site is withinthe Resource Land Zone District, as identified in the Garfieldcounty Assessor's Records; the owner (unless the owner is theaggrieved party); and separated mineralestate owners (as definedin Section 24-65.0-101 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 cterk and Recorder. (Nofe: the aggieued party need
not notice itsetf.) The notice shall include a vicinity map, the legal
description of the subject lot, a short narrative describing the Minor
Facility or AWDP andan 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, modity the decision or reverse the
decision, based upon compliance of the proposed Minor Facility or
AWDp with the regulations contained in this Zoning Resolution and,
specifi callY, Section 5.02'22.
B. Call-up by Board. \Mthin fourteen (14) calendar days of the date of receipt of
notice of ihe 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 bommissioners, 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.
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.
Notice by Mail. . At least thirty (30) calendar days prior to the date of the
scheduled Reconsideration Hearing, the aggrieved party shall send by
certified mail, return receipt requested, a written notice of the public
hearing to adjacent property owners within 200 feet of the subject
tot or iOO teet from the Permitted Site if the Permitted Site is within
the Resource Land Zone District, as identified in the Garfield
Gounty Assessor's Records; the owner (unless the owner is the
aggrieved party); and separated mineral estate owners (as defined
irilection 24- 65.5-1Oi et seq., C.R.S., as amended) under the
subject tot 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 notice shall include a
vicinity map, the legal description of the subject lot, a short narrative
describing the Minor Facility or AWDP and an announcement of the
date, time and location of the scheduled Reconsideration Hearing.
iv. Decision by BOCC. The BOCC shall conduct the Reconsideration
Hearing and, based upon the evidence received at the hearing, the
Board may uphold the Director's decision, modiff the decision or reverse
the decision, based upon compliance of the proposed Minor Facility or
il.
iii.
AWD| with the regulations contained in this Zoning Resolution and,
specifi cally, 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 andregulations.
B. Operator must keep and maintain appropriate records, to be provided to theCounty or any.interested third party upon request, to demonsirate inat [otaotewater supplied and sewage and wastewater meet the representations containedwithin 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 orcontaminated.water be.discharged on the ground surface. The operat6r shallconduct monthly tests (or quarterly if an on-site disinfection system is insialled)and maintain records of stored potable water samples specifit for coli formbacteria. Any tests indicating coli form contamination must be disclosed to theGarfield County Board of Health or designee within 72 hours from the time thecontaminated water was tested.
D' Minor Facilities shall be maintained in a clean, safe and sanitary condition, free ofweeds and refuse. Any hazardous or noxious materials that muit Oe storeo at theMinor 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 beprovided for each manufactured home or recreationalvehicle unit. Saidcontaine(s) must be durable, washable, non-absorbent metal or plasti- withtight-fitting tids.
F. Refuse shall be disposed of weekly, at a minimum. operators must keepappropriate records, to be provided to the County or any interested thirci party
upon request, to demonstrate that refuse is collected in a timely fashion anddisposed of at a licensed facility.
G' Outdoor food storage is prohibited unless facilities that prevent the attraction ofanimals to the Minor Facility are provided.
H' Manufactured home or recreational vehicle units equipped by the manufacturerwith a fire sprinkler system, flre detection system, ancjlbr alaim system snatt Oeinspected, tested, and maintained in accordance with 2003 IFC SgOl + anO
S901.6 and as required by the relevant fire protection district(s). bmoke .t"rrtand manualflre alarm systems shall be installed, inspected and maintained in altother manufactured home or recreational vehicle uniis in accordance with 2003lnternational-Fire Code (lFC) 5907.2.9 and 5907.2.10 and the requirements ofthe relevant fire protection districts.
l. Single-station carbon monoxide alarms shall be placed in each manufactured
home or recreationalvehicle unit.
M.
N.
L,
P.
J.
K.
o.
o.
R.
One (1) or more approved fire extinguishe(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 and/or
subcontractors, working on the related commercial, industrial or mineral
extraction operation, and not dependents of employees, guests or other family
members.
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 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 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,
then 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
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 Garfield County Sheriffs Office within 24 hours of the
occurrence.
All required Access Permits shall be obtained from the Garfield County Road and
Bridge Department or the Colorado Department of Transportation.
The Garfield County Sheriffs 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 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 Minor
S.
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 allsewage 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 othenrise be operated in accordance with the Garfield
County ISDS regulations as contained in BOCC Resolution Number 1994H-
136.
(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. lnspection: The BOCC reserves the right to inspect any Minor Facility, including
structures and infrastructure and any other related improvements, and/or
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.O2.O2; 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 officialperforming an inspection shallabide 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 Sheriffs Office will be reported to the Director.
C. Permit Revocation: All enforcement actions run with Minor Permits for individual
Minor Facilities and are not applied to AWDP's. lf it is found, consistent with
the procedure identified in Section 9,01.06, that the permitted Minor Facility was
not installed in conformance with or is out of conformance with any of thestandards established in !h_is Re.solution, applicable UuifOing a;d7or fire codes orspecific conditions of the Minor Permit, the'Minor permit rly O" .rrpended orrevoked 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 Ji.tri.t that saidagency or district has determined that the Minor Facility is out oicomptiance withthat agency's or district's regulations. lf a Minor permitis revoked, the previouslypermitted Ii4inor Facility shall be immediately vacated and any installed structuresand infrastructure shall be removed within the fourteen f r+jcaienoar daysfollowing the date of revocation. Proof of removal shall be prorio"O to theBuilding and Planning Department by 5:00 PM on tne tourteentn lr+1 calendarday' Such proof shall be in the torm of photo documentation signeo and dated bythe Compliance Officer.
D' Effect of a Revoked Permit: A revoked Minor Permit shall not be renewed, and arequest for approval of a Minor Facility at the same location shall be processedas a new application.
E' Liability: owner of the subject lot.and the operator of the Minor Facility are eachindividually responsible for compliance with the regulations contained in thisZoning Resolution and, specifically, Section 5.02.22.
F' Three (3) Revoked Permits: Upon revocation of three (3) Minor permits, theBuilding and Planning Director shall refer the fourth f+inj anJ art tuture MinorPermit app.lications by the offending operator to the Bocc. The Bocc shallreview such applications as a request ior a Special Use permit, in accordancewith the Major Facility regulations contained in Section 5.02.21'of this ZoningResolution.
G' The offending operator may be allowed to submit future applications for MinorPermits !o11e-view and appioval by the administrative process contalneo inSection 5.02.22, rather than review in accordance with the Special Use permitprocess contained in Section 5.02.21, upon the written request oitn" operatorand only at the BOCC's sole discretion.
The use, "Minor Temporary Emproyee Hgl:ilg^.frcirity (subject to review and approvar perprocedure and requirements of seition 5.02.2r)" wirr 6e'aJoLd as a use by right in the 3.01 fu|,3.02 A/R/RD, 3.03
-R|SD,-3
04 RLUD, 3.05 RGSD, 3.06 RCUD, 3.07 CL, 3.08 CG, 3.09 OS,3.10 R1,3.1 1 R/MHtGtUD,3.12Lt, g.t3 pR,3.14 DWC, S.rs cowc.
Small Facility - (Occupied by up to g peopte)
Use by Right with performance Standards
Section 5.02.23:
(1) Slltl Facilities, in the nature of manufactured homes [as defined under c.R.s. 42-1-jo2(106) (b)l but NOT recreational vehictes [as defined ,rO"r C.R.S. 42-1- tOz 6t,y,
including truck, truck tractor, motor home or camper trailer, may be utilized for
housing df wort<ers on projects'related to commercial, industrial, mineral extraction or
n,gh*;y operations, pJrsriant to the standards for Small Facilities contained in sub-
section (2), betow. S,].nl".ifities are sublect to-all applicatle requirements of Garfield
County buitding ,nJtii."oq"9 (building iode, fire code), state and federal permits and
relevantfireprotectiondistrict(s)flrecoderequirements'
Small Facilities shall have all of the following basic characteristics:
A. The small Facility and any associated infrastructure must be completely
contained within a state or federally permitted parcel (such as a. colorado oil and
Gas Conservation commission (cbbcc) 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) V""irnJ ,t the end of the utilization period, ail structures, foundations
and assbciated infrastructure are completely removed; and,
C.TheSmallon-SiteTemporaryEmployeeHousingFacilityshallaccommodatea
maximum J eight (B) employles, contractors or iubcontractors of the operator of
the small faciliti at'aiy one given time and are needed for onsite safety of the
related commercial, industriil, extraction or highway operation'
Temporary employee housing facilities that do not have the three characteristics
listed above, ol consist of Relreational 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)Thesmall,on-siteTemporaryHousingFacilityshalladheretothefollowingsmall
Facility Standards:
A.SmallFacilitymustcomplywithallapplicablefederal,stateandlocallawsand
regulations'
B. The Small Facility shall NOT contain recreationalvehicles as defined in Section
(I) 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
conduct monthly tests (or quart6rly if an on--site disinfection system is- installed)
and maintain retords oi stored poiable water samples specific for coli form
bacteria. nny tests indicating coliform contamination must be disclosed to the
Garfield Co1'iniy aoird of Hiafth 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,
freeof*""0'andrefuse.Anyhazardousornoxiousmaterialsthatmustbe
stored at the Small Facility for operational or security reasons must be managedin accordance with all applicable federal, state and tocat taws anO regutations.
E' At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse container shail beprovided for each manufactured home or recreational vehicle unit. Saidcontaine(s) must be durable, washable, non-absorbent metal or plastic withtightfitting tids.
F. Refuse shall be disposed of weekly, at a minimum. operators must keepappropriate records, to be provided to the County or any interesteo thirjpartyupon request, to demonstrate that refuse is collected in a timely fashion anddisposed of at a licensed facility.
G' Outdoor food storage is prohibited unless facilities that prevent the attraction ofanimals to the Small Facility are provided.
H' Manufactured home equipped by the manufacturer with a fire sprinkler system,fire detection system, and/or alaim system shall be insfected, tested, andmaintained in accordance with 2oo3 iFc s901.4 ano goot.6 and as iequireo ovthe relevant fire protection district(s). smoike alarms JnJ ,rnr.t fire alarmsystems shall be installed, inspected and maintained in all other manufacturedhomes in accordance with 20d3 lnternationat Fire code (tFc) 5907.2.9 ;il -
5907'2.1 0 and the requirements of the relevant Rre protection districts.
I' Single-station carbon monoxide alarms shall be placed in each manufacturedhome.
J' one (1) or more.approved fire extinguishe(s) of a type suitable for flammableliquids, combustible materials and electricaitir"s fciass nac), or dry chemicat,shall be located in each manufactured home and tla;;l in accordance withapplicable codes.
K. Domestic animars are prohibited at a[ smail Facirities.
L' A ryqte.l storage tank shall be required to provide water to the sprinkler systemand initial suppression activities. The size of the water tank shall be determinedbased on sprinkler calculations and initial suppression Oemanos. The size of thewater storage tank shall be determined by the relevant fire protection district orSherriffs office (if not rocated within a fire protection district).
M' The operator shall document all emergency situations requiring action by anygovernment agency or fire protection district, in writing, and suih documlntaiionshall be presented to the Building and Planning oepaiiment and Garfield countySheriffs Office within 24 hours oitfre occurrence.
N' All required Access Permits shall be obtained from the Garfield County Road andBridge Department or the cororado Department or iransportation.
O' The Garfield County Sheriffs office and relevant fire protection district(s) shall benotified at least 24 hours prior to installation ano removaiof each Small Facility.
The Building and Planning Department shall be copied on all such notification,
whether hard coPY or electronic'
p. The Operator shail certify the installation of the Small Facili$ in accordance with
these standards. This certification may be performed by a qualified employee of
tne operator by a qualified third party. The Operator shall maintain records of
this certification and those records shall be made available to the Building and
Planning Department, upon request'
Q, Wastewater DisPosal:
i. Vault System: Allvault systems shall be designed and installed to
accommodate the maximum number of persons, identified who will
inhabit the Small 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
ApplicanUOPerator must:
a. Demonstrate that year-round vehicular access is available and
maintained for saf6 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 aid landfill receipts as public records, available to
tnb County and/or any other interested third party upon request.
d. lf the total waste production from a facility will be 200o gallons per
day or greater based on a production of 75 gallons of wastewater
genera[ion per person per day, then the facility shall be serviced
6y an ISDS. Hauled sewage and wastewater service shall not be
permitted for any facility wnicrr will generate a total of 2000 gallons
of wastewater and sewage Per daY'
iii. lndividual sewage Disposal system (lsDS): lf an lsDS is proposed, then
it rnrff be design'ed, installed and operated to accommodate the
maximum number of persons who will inhabit the Small Facility and shall
ot["*ir" be permitted and operated in accordance with the Garfield
county lsDS regulations as contained in Bocc Resolution Number
1994H-136.
The use, "Small On-Site Temporary Employee,H-ou9i1S^f31ifty itgo['p]r919"-Ytl Section
s.oz.zg"witt be aooeO as, ,r" oyiigntin ne 3.01 A/1, 3'02 A/R/RD, 3'03 RLSD, 3'04 RLUD'
3.05 RGSD,3.06 RGUO, S.OZ CL, S.-OA CG,3.O9 0s,3.10 RL,3.11 RyMH/G/UD'3'.12 Ll', 3'13
PA,3.14 DWC,3.1 5 CDWC
Definitions:
The use' during times.of .housing shortage, of manufactured homes and/or recreational vehicles(with the exception that smaliFacilities shalt not inJrd" ,""r""tionatvehictes persection 5'02'231as removable housing for workers *n" ,i" engaged in a commercial,industrial, mineral extraction or highwa! operation and who are needed onsite for the properexecution and safety of the related operation, including:
1' small Facilities which may be occupied by a maximum of eight (g) people at any given timeon a "Permitted Site", as defined in section i.OZ.lZi; - -
2' Minor Facilities *|t! may be occupied by nine (9) to twenty-four (24) people at any giventime on a "permitted Site", as defined in seciion Z.dZ.qZl ;
3' Major Facilities which T?y ge occupied by twenty-five (25) or more peopte at any given time;or which may be occupied..by f9ryer peop.le but are not;i;ili located on a,,per-mitted site,,; orwhich are planned to be utiliied ror i perioo of time iongei irirn one-year; or othenarise meet therequirements of Section S.02.21and Section 5.02.22.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in section 2.o2.32,designated for acommercial, industrial, mineral extraction-or highway op"r"tion for which a federal or statepermit is issued' To meet the deflnition of 'Periritte,i di;;, ;Jch permit must grant the approvatof the appropriate state or federal agency for the .orr"i.ir[ industrial, "xrriirn or highwayactivity(ies) and must.require the pr6vision of security tor ne rectamation (includingrevegetation) of the site.
GARFIELD COUNTY
Buiiding & Planning Department
108 I'n Street, Suite 401
Glenwood Springs, Colorado g1601
Telephone: 970.945.8212 Facsimiie: 970.3g 4.34T0
www. oa nie ld-countv. com
Text Amendment to Zone District t Zoning Resolution
GENERAL INFORMATION
(To be completed by the appljcant.)
c,-d,p
} Address, Tetephone , i
1/ P/.-*o
. l:"''") 'Teiephone: 7v s- - s, -r -> ctty: L C4-..5 State: (O Zip Code: €fdat f X:
) specific section of county Zoning Resolution of lgzgor pUD to be amended:Secfrx.-t '€-,c7 a/ 2.,-._/
) Purpose for the proposed text amendment:
/ €-1Q.,-c",/^,€..w c/,h+a-! d-1
'r*l .rLO +M.-?"
1,'*< e-1p,7 'P-s.-..-7_
STAFF USE ONLY
F Doc. No.;
) Planner:
Date Submitted:_ TC Date:
Hearing Date.
,t
JJ
-$"o7 Z
STATE OF COLORADO
Countl of Garfield
At a reguiar meeting of the Board of County Commissioners for Garfieid Coury, Colorado, heldin the Commissioners'Meeting Room, GarEeld County Courlhouse, in Glenwood Springs on Monday
the 136 ofNovember,20}6,there were present
John Martin , commissionff chairmar
Larry McCown , Commissioner
Commissioner
Carolvn Dahjsen , Deputy County Attorney
Clerk of the Board
Assistant County MonRger
when the following proceedings, among others were had and done, to-wit:
REsoLUrroN No. ao0r- - Jlcg
A RESOLUTION AMENDING TIIE TEXT SECTION 5.A2.21OF TTIE GARFTELD
COTINTY ZONING RESOLUTION OF 1978 ADOPTING REGULATION.
WHEREAS, on the Znd day of January, 1979, the Board of County Commissioners of Garfield
Cotrnty, Colorado, adopted Resolution No. 79-1 conceming a Zonrng Resoiution for the Coun6, s1Garfield, State of Colorado; and
WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116,
C.RS. 1973, as amende4 to provide for the approval of amendments to such Zoning Resolution, anj
the Board has se arnended the said Resolution; and
WHEREAS, on Dece,nnber 16, 1991, the Board adopted a codified version of the Garfield
county Tsning Resoiution of r97B and ail subsequent amendments; and
WHEREAS, on October 11,2006, the Garfield County Planning Commission recommended
approval of the proposed text memdment to Section 5.022L, Sp"iuf Use Permits for Tmporary
Employee Housing;
WHEREAS, a public hearing was held on the t3fr day of Novembq,20a6 before the Board of
County Commissioners of Garfield Counfy, Colorado, at the Commissioners meeting room, Suite
100, Garfield County Adminisu:rfive Building , 108 8th Street, Gie,lrwood Springs, CitoraOo, as to
YH:h bearing public notice was given in accordance with requireoaents-of Sectioa l0 of the
Garfi eld County Trratng Resolution;
Page 1 of3
)
)ss
)
WHEREAS, the Board on the basis of widence produced at the aforementioned hearing
has made the foilowing deterrrination of fact:
i. That an application for a zone district terl amffld:nelrts vgere mad"e ccnsisr.snt udth
the requirements of Section 10.00 of the Garfield County ZnwngResoiution of
1978, as amended;
That the Board of County Commissioners is authorized by the provisions
section 30-28-116, c.RS. 1973, as amended to provide for thi approval
amendments to the Garfield County ZaningResolution;
That the public hearing before the Board of County Commissioners w&s extensive
and complete, tb.at all pertincnt facts, matters and issues were submittcd and that
all interested parties were heard at the hearing;
That the Garfield Cormty Plaming Commission has reviewed the proposed zone
district text amenrtment and made a recommendation as required bySettion 10.04
of the Garfield County l,lningResolution of 1978, as arnended;
That the proposed text amendments are in the best interest of the health, safsty,
morals, convenience, ordfio prospcrity and welfare of the citizrns of Garfieid
County,
NOW, TI{EREFORE, BE IT RESOLVED by the Board of County Commissioners ofGarfield County, Coiorado, that the GarEeld County i.r- '*gResoiution, adopted on the 2nd, dayof January, 1979, and identified as its Resolution No. 79-1, as subsequentl-y amended by thisBoard, sball be and hereby is amended and said language will be i"corporat"a into the codified
Garfieid County Zrlfug Resoiution adoped by the
-go*a on December 16, l99i as shown on
the attached Exhibit A:
ADOPTED this
ATTEST:
day of
GARFIELD COLTNTY BOARD OF
COMMISSIONERS, GARFIELD
COLNTY, COLORADO
of
of
J.
4,
5.
Page2 of 3
ChairmanCierk of the Board
2406
)
)ss
)
was adopted by the
Tresi Houpt .N
John Martin . Aye
STATE OF COLORADO
Couuty of Garfield
.o*o'b "H,*1-#"fi[t*:r]#;TilTi
annexed aad foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of county commissioners for said Garfi;ld county, now in my office.
IN MTNESS WHEREOF, I have hereunto set my hand and affixed 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
Upon motion duly
following vote:
made and seconded the foregoing Resolution
Larrv McCown , Aye
Page 3 of3
Garfield County, Board of County Cormiesionen
Aa Adopted -"*HLl,i r.rff
Exhiblt A
5.42.21 Special Use Permits for Temporary Employee Housing:
(1) At times of severe housing shortage, extremely remote locations or other
ernergency conditions, special use permits for temporary employee housing in
the nature of manufiactured homes [as defined under C.R.S. 42-1-102 (106) (b)]
and/or recreational vehicles [as defined under C.R.S. 424-142 (6f ), with the
addition that such truck, truck tractor, motor home or campor trailer is being usad
for temporary living quarters and not recreational purposesl may be granted for
projects within Garfield Coung related to commercial, industrial, mineral
extraction or highway operations of substantial size in any zone district by the
County Commissioners through the special uee permit process. Such housing
shall be of a temporary nature. At the epiration of the permit, the lands shall be
restored and all housing struc*ures and aesociated infrastrucilure shall be
removed. Review of the permit shall be subject to 59.03 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 protedion district requirements and fire code
requirements.
(2) Special Use Permits for Temporary Housing: The applicant ehall submit an
adequate site plan, consistent with S9.CI1.01 and including proposed water
supply, proposed method of sewagc treatment and names and addresses of
adjacent property owners.
(A) Water and wastanater systems proposed to service temporary employee
housing must comply wilh all applicable state and local laws and regulations.
ln addition, all seuege 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
ISDS system is not basible due to environmental, topographic or
engineeilng conditions wtr6p 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 sab end regular eccess
for sewage hauling vehicles. ln addition, the following conditions must
be met:
a. The applicant must demonstlate and guarantee an
arrengement for hauling sewage; and
The applicant must maintain all records including but not
limited to trip logs/reports and landfill reeipts; and
Allaewage disposal records must be maintained as puhlic
records to be available to the County and/or any other
interested third party upon requesl; and
The temporary housing must not exceed a cumulative of one
(1) year at an approved location
b.
d.
Garficld Coung, Board of County Conmiasioners
AsAdoptod **H!:i,Jrrf
(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 wastewatei'is disposed at an approved facility, For faciliiies
serving twenty-four (24) people or less, the opeiator must eonduct monthly
tests (or quarterly if an on-site disinfuction system is installed) and maintain
records of s{ored potable water samples specffic for coli form. Any tesls
indicating coliform contamination must be disclosed to the Garfield Courfi
Board of Health or designee. WatEr systems serving twenty-five (25) peopie
or more must demonstrete conformance to state regulations by obtaining all
necessary state permits priorto the scheduling of a Special Use Permit for
Temporary Employee Housing public hearing.
(C) ln no case shall unsaE water be used for drinking nor shall raw sewage or
used water be discharged on the ground surface.
(D) Special Use Permits forTemporary Employee Housing sites must be related
to one or more commercial, industrial, mineral extraetion or highway
operation locations and ehall be limited to a spacing of at least one (1)rnile
between tempgrary employee housing sitas, regardless of land amership or
operator. Special Use Permits for Temporary Employee Houeing 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 infrEstrudurc will be corrtained
within the colorado oiland Gss commission (coccc) approved wellpad
and there will be no new additional land disturbance outside of the COGCC
approved well pad area. lf ti,e applicant is applying for a Special Use Permit
forTemporary Employee Housing on an approteo coccc well pad, the
applicant must provide the relevant approved APD permit indicating housing
location(s) along with the application for a Special Uee Permit for Tlmporary
Employee Housing.
(3) The maximum allowable time lengrth of the Special Use Permit for Temporary
Employee Housing is one (1) year. For good cause shown, the permit ,ay ue
rcnewpd annually in a public meeting with notice by agenda only. Annualienewal
review shall be based on the standards herein as well as all conditions of thepermit.A permit fqyje revo_ked anytime through a pubtic hearing called up by
staff or the Board of county commiseioners. By way of example and not
limitation, continued non-availability of a permanent housing inventory or the
nafure of the construction or extraction project ntay constitute "good cause' for
renewal. The applicant must provide an estimated total cumulative length of time
the temporary employee housirig willbe at the proposed location alonjwith a
statement of intentions to rtquesrt renewel past the one yeer expiration date as
part of the special use Permit for Temporary Employee Housing application.
Feilure to provide a statement of intention for renewil wilt prohiSit thb Speciatuse Permit for Temporary Employee Housing permit from future renewal
consideration.
(4) Temporary housing shall be located at a site authorized by the Board of County
Commissioners and identifted on the relevant site plan su-bmitted with the Speciat
uee Permit for Temporary Employee Houeing. lnhabitants of the temporary
Garfierd .*nt, *,fl ol
Hll:yv*Hff:o;;"#
Page 3 of6
housing shall be applicant's employees andior subcontractoG, working onthe
related construction or mineralextraction operation, and not dependents of
employees, guests or other family members'
(5) Temporary employee housing sites shall be maintained in a clean, safe and,-'
*"niirry cbnOition, free of ,reids and refuse. Any hazardous or noxious
materials that must be stored on site for operational or security reaBons must be
managed in accordance wtth atl applicable federal, stde and local hws and
regulations.
(A) Fire Protection General Requirements: Provisions shall be made for gMing
alarm in case of fire. lt shali be the responsibility of the duly authorized
attendant or caretaker to inform all employees about means for summoning
fire apparatr., tfr"tfft office and resideni employees. All fires are subiect to
SaOZ',if the 2OO3 lntemationat Fire Code (lFC) including but not limited to-.
permitE, attendance, open fires, coal grills, fire bans and bon fires. one (1) or
more approve- extinguishers of a type suitable for.flammable liquid or
electricalnresiChss:A, Class 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 (10b) feEt to reach the nearest extinguisher' A
water storage tank may be required if Courfi and localfire protec'tion offcials
deem it necessary.
(B) Bear-proof refuse containers must be provided foJ tia-sh At leaet one thirty
(30)gallon(4cubicfeet)containershallbeprovidedforeachunitorthe
eqiiJapnt in a centraltrash collection faoility. Said containe(s) must be
durable, washable, non-absorberrt metal or pla$ic with tight-fitting lids'
Refuse ehall be dispoaed of not less than once weekly'
(C) Outdoor food etorage is prohibited unless facilities that prevent the attraction
of animals to the teirporary employee housing site are provided.
(D) The applicant shall provide a detailed map and GPS coordinates to the
Garfield County Sniritrs Office and the relevant Fire Protection District which
is sufficient for emergency responEe purposes, including location of the
temporary emptoyee-horiing site; privat! and public.roadways accassing the
site, markea ai cipen, gatedind/oi toofed; and detailed direcfions to the site
from a ,.naior pLOfrc rigfit-of-way. The map is subje_ct to approral by the
Garfield County Sherfos Off6E and relevant Fire Protestion Distric1
(6) lf structures, requiring Building Permits under the Garfield County Building Code'
are constructed for tte commlrcial, industrial, highway project or mineral
,
extraction operation relatad to the Special Use PLrmit for Tamporary Employee
Housing, upon expiration or revocation of the permit Cerfficates of Occupancy
for suci stiustures shall be withheld until the temporary living quarter$..are
removed and the site is restored to the setisfaction of the Courfi Building and
Planning Director.
(7) lf a special use Permit for Temporary Employee Housing is granted, the.., ' ipptiiint shatl notrfy the county wtren site'development begins' rne.1e9l!3nt.
strlrtt verify in writm6, UV iitt plln and through photo documentation that the site'
Ga rnerd
""r,'r, m$ff ,^p*?#it,.ff#
water srct"-l and sewage disposar.system tirere designed, instared .nj*'o "uinspected in accordance;,ilt saio-speciair*i"*o and compry with a,appricabre regurations, p"*,m,'.no *r,-oitioi.]fr , firn"n documentatio n a ndsite prans ,?ping
"rm'prian".r'iust ue,t"rp"aiy a cert,nea cororadoEngineer rT_:_*,, "H;;;g: ge ;fiii;;;el a site, w*hout notice, toassess comptiance with the Sp""]"r u99 F"#it iffirporrry EmptoyeeHousing. e oetermrn-ation'lt"#o?.orpriance
*rru., ,r,v sp"ciar use permitforTemporary emprovee-io"rng ;r rdd*i;"##itne,'ot, is grounds torrevocation orsuspension orGia-permit, in "#;;il with section g9.01.06.(') *f;"[,li'1"!'" permanent housins inventory avairabre in an area nearrhe
cffi ffir,:L$fltnf;i.fidf#ail:H#rxr3[:tr;1i"]]:},,
(9) No animars sha'be arowed at temporary emproyee housing sites.
(10) ln eyaluatino"Hffi ft ,ffi tJff ,H#;il',ffiE'#J,Hffil:"jJ;iH:rhi:3!"il,ff
,,;T':lJli ;:Tffff 'A'r?-?r3i' Ieeo"i ilil;;5 nea *, sarety il -
t'"l}"rfff*TrtX:1"yb'it as part or the speciar Use permt ror remporaryaooieffi ;il"HJfsilrT',:iHf r;;*mr*:Er*i:'lJ#mlr*
" 3:?,ffi,lt#ste mabrials, inctuding, b,t not rimited to structures, concrete,anda",*J,1?,i.ol,fff ilH5fffi::,.1Hil",1dtri[:xi:]*",:#pipe and cabre_sha, G;;#;;.'rrr p*s, "]rli, "r[trn"r hores w* bebackfi,ed es Boon as- possiute ,rt 1"1l *grijrn.ni il'Lrou"o to conform tosurrounding tenain' nl accessioJiy.ti"lit"
"ni "T"o.iated f-acirities sha,ff*,3?l# ;? fr 9.0, il ;;;;;, ffJ,
",,,,.il il' ;; ;;*., obstrucri o ns rhar
f aci,{;;;#:,xmipil?,;'g#!ie**,,jt#H#;ffi
ffi f, "in prace, puncturad .no nr[J*il[ i"n=rt mateiiir "il"iJred. Any wastematerial pumped,t, r ;;-t;;#r tank or *,"# ;;;. from tenk remoyalffi:ff8:l;r:l or't "' "p'J'oi#3"1,p tffi;;ifu", by cDpHE andtor
,m*ll#,**frffiflil:i:,i**il1:xi*ir":Hffi:#
::T"i',y",il1P,.T0,'J[T#T..i;HiHlffi :i[ffi f#n[ffi'*l#controtdust, weeds
"rq y,,ri#I'L*bn. C i;;;Eno., if subsidenceoccurs in such ,r:": aaoitiona[Jp"iir ,i,rrrL:
"io"&'il'in" depression andthe rand sha'be,r+r"r.r"a rr .iJ[io.it, o"qrri;;rt;il
"" pracricabre.Recramation sha, occur ;; HJI;; n "" iiirffi# J",- the speciar UsePermir for Temoorary e.'ni"v"r ;;ilrs ".i1", ". ir-.!ror"o unress rhe
'?fffi :i:,T#Xdi,##:.;="?iT,*;b;;";ollnoitionsoutside
b' Allareas compacted by temponary employee housing and subsequent
Garrnrd"**,Xf;Ji3;,^1"v,"?:#,ff
:";,#
page 5 of6operations snaf f cross-ripped. on crop rand, such compaction afieviationoperations shall be undertaken when the soit moisture at the time of ripping isbelow thirty-five p"rrs 1as%) i nera capa-citv.iii"o"n shafi be undertaken toa depth of eighteen (1e) inches unress ada tc ite Jient bed r"oc* isencountered at a shallower depth.
c' [Mten a temporary employee housing site is removed, alldisturbed areas willbe restored ana tevegetatla.r
"oon as practicabre. For disturbed areas notfff :1i"13d,f : r?, f -do oil a nd G as c''*" r"ti "^ c-o m m iss ion, tne iorowin s
(1) Revegetation of crop lands. All segregated soil horizons removed fromcrop rands s.h{r be ,=praced to th6ir Jrigin"ii;r"tir positions andcontour, and shail be tiiled adequatery to ,"*rt"ori"h a proper seedbed.The area shelt be treated if necessary and practicable to prevent invasionof undesirable species and noxiou, ,i""or,ini"tLnt or erosion. Anyperenniar forage crops that were present before disturbance shail bereestablished.
(2) Revegetation of non-crop rands. Ail segregated soir horizons removedfrom non-crop tands strarto" ,9g".0i"-t"h"i#ilar rerative positionsand contour as near as practicabre to achieve
"rJ"i". contror and rong-term srabirftv, and shafl be riiled ade.quateit;; ;il;;io estabrish a properseedbed' The dieturbed area then shalldresr"a.o in the first favorable, season' Reseeding with species consistent wi*r ttrelo;acent prantcommunity is encourageo. tn ttre ansence;;;';il"ment betrueen theapplicant and the atrected surfaoe owner as to what seed mix shourd beused, the apflicant shail consuft with " ,portnt tive of tfe rocar soirconservation.distrk* to determine the prope;;il; to use inrevegetating the disturbed area.
d' During occupation.an-d recramation operations, ail disturbed areas shail beI:::rr of Garfierd cor'tv ,na 6tri! or coroiaoo iirt n
""0 B noxious
e' Successfur recremation of the site and access road wiil be consideredcompleted when:
(1) on crop rand, recramation has been performed as per 11(cxl) of thissection, and observation by tne Director or oesilnfiover two growingsBa80n8 has indicated no significant unrestored subsidence.
(2) on non-crop rand, recramation has been pe.rformed as per 11(c)(z)of thissection, and the totfl cover or rive perenniar vegetation, excruding noxiousweeds, provides sufficient soirs eiosion controlls determined by theDirector througi a visuar"pprir"i The Directoior-J"-rign"e sha'consider the totar cover of iive piienniar ,"g"trtion llla;"ont or nearbyundieturbed r"11'_n, inauaingtversto.l
9r t*-*"ipi cover, havingsimirar soils, srope and aspecior ft,u recraimed area.
(3) A final recramation inspection has been compreted by the Director or
-
Garrretd .* rrr,
m;"J,3i r^pr,iffi
fl
oJ'#
designee, there arc no outstand,ln_*rrlirnce issues relating
"t#;"::tcounty rures, reg.lrations, oiJ"il-:r.prit conditions, and the Director orffil:lfr tas notirieo tn"'.pprGnt tnat nnarieil;;ti", has been
f' specifica,y as to revegetation, the appricant sha, provide security for
;;r3*?';;,T"oF'*o a'e"'ln-"il5unt and in ,'""o_-rJrn-." with a pransecuritysnirroet{'r*rgf:mf f*,1f,:::t#,*#;Ht5,,,,reestabrished according to tn"-ri;i"i.i; !f th" c.-,fi"il'c;nty VesetationManagement ptan aooit"a oy;;il;" No. 2002-94, as amended.
g' specificary as to recramation, the appricant sha, provide security forrecramation of disturbed 1;; i.lriHi, and in ,;;;d*; wffh a pranapproved bv the Garfierd counrv pi;;;g o"p",t L.t.in-J*"curity shalrbe
3:'$, :il ?i *i,H,t,;:Iy"Tr"'rf li J *?tiJ, r',". b& n ", "*,.'r,,v co m prete d pe r
Colorado Department
of PublicHealth
andEnvironment
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
Water Quality Control Division
5 CCR 1003-l
STATE BOARD OF HEALTH
PRIMARY DRINKING WATER REGULATIONS
(Amended January 19, 2005, effective March 30, 2005)
f
Article 1 General Requirements
1.1 Authority
Sections 244-104,244-105,25-1.5-101,25-1.5Part2,2S-1-1OB,2S-j-1Og,25-1-114,and25-1-114.1,
Colorado Revised Statutes
1.1.1 Purpose
The purpose of the Colora!? Prim?ry Drinking Water Regulaflons is to assure the safety of public drinkingwater supplies, and to enable the State of Colorado to aJsume responsibility for enforcing the standardsestablished by the federat safe Drinking water Act (.public Law si-szs;, ai amended. "
The Colorado State Board of Health, pursuant to Part 1 of Title 25, Colorado Revised Statutes, haspromulgated the Colorado primary Drinking Water Regulations.
1.2 Applicabitity
The..Colorado Primary Drinkilo Water Regulations shall apply to each public water system, unless thepublic water system meets all of the following conditions:
(a) Consists only of distribution and storage facilities (and does not have any collection and treatmentfacilities)
Obtains all of its water from, but is not owned or operated by, a public water system to which suchregulations 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 Healthand Environmenl's colorado primary Drinking water Regulaflons on January t'g, zoos.
The Colorado State Board of Health regulations concerning use of ice for potable purposes, adoptedAugust 14, 1950, and standards affecting the quality of waier supptied to t'he public by vendors,dispensing tanks, waier haulers, tanks, bottles'and tontainers (other than through pifes), as adoptedOctober 18,1954, shall remain in fullforce and effect.
1.4 Effective Date
The Colorado Primary DrilkilO Water Regulaflons shall take effect twenty days after the date ofpublication thereof in the Colorado Register as finally adopted by the Colorado State Board of Health.
(b)
(c)
(d)
EXHIBTT A
ARTICLE X, SECTION 411 TEMPORARY AND SPECTAL USE PERMITS
FOR TEMPORARY LIVNG QUARTERS (TLQS)
4LL.1 A11 Temporary Living Quarters (hereinafter TLQs), constructed or installed in
Rio Blanco County related to commercial, industrial, transportation, oil & gas or
mineral extraction projects require either a Temporary Use Permit pursuant to Sec.
225 of the Rio Blanco County Land Use Resolution (hereinafter LUR) or a Special
Use Permit pursuant to Sec. 224,LUR.
4L1.2 TLQs are divided and defined in three distinct categories as follows:
(A) Type 1: 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 and 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 t0 one year with additional annual
extensions by Administrative Review for compliance.
(C) Type 3: Large Central Location Ouarters. These quarters are for in
excess of flfty workers, located away from the work site or well pad. These
quarters are pornanent structures. These quarters require a Speciai Use Permit
pursuant to Sec. 224,LUR and may be permitted for multiple years with
annual Administrative Reviews for compliance.
4L1.3 The following provisions apply to all three types of TLQs with exceptions
A. General Requirements.
1. On or before thirty days after the date the Temporary Use Permit or
Special Use Permit expires all housing structures and associated
Rio Blanco County Planning and Development Depanment
3i7 E. Market (PO Box 599). Meeker, CO 81641
Office 970 878 9580 Fax 970 878 9-581 email nlunnins@,'co.rio-blanco co.us
June 25,2007
Page 1
t-
infrastructures shall be rsmoved and the land shail be reclaimed t0 the
satisfaction of the Planning Department.
2, All Type 1 and Type 2 TLQs , except 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
0ccupancy.
3. AII TLQs must be located on property owned by or leased for the
penod of the permit by the Applicant, excspt TLQs located on Federal
land which must have an approvod Right Of Way issued by the BLM or
U.S. Forest Service.
4. TLQ sites must be related to one or more commercial, industrial,
transportation, oil & gas, or mineral extraction projects and must be
located with separation of at least one mile between sites regardless of
land 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 quaiify 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 allows for muitiple wells 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
Deparlment)
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 annually by
*,"
?,TH ffilI'.,ST:i Sg iff#I"J; ?i:il'*'
ofnce e7o 878 es80 .* rrorT;J;?, ilA1@
Page 2
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
Permit 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 determination of whether there is compiiance with the terms and
conditions of the Specific Use Permit and other ru1es and regulations in
the LUR.
ApplicationProcess.
1. All Applicants must schedule and attend a pre-application 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
apply for, Applicant should be prepared to provide an assessment of
currently available housing and projected housing availability within
existing municipalities, incjuding but not iimited to commercial
campgrounds, mobile home parks and simiiar facilities within thirty
minutes driving time of the proposed TLQ site location. If it is
determined that suitable housing inventory is avaiiable 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 inciuding location 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 County Planning and Development Depanment
3I 7 E. Market (PO Box 599). Meeker. CO 81641
Offtce970 878 9580 Fax9'70 878 9581 email nlanning@,crr.no-hianco.co.us
June 25.2007
P4GP ?
b. As to applications for Type 1 TLQs, a copy of the approved
Appiication for Permit t0 Drill (APD) documents from the
COGCC indicating housing location(s).
c. A statement of the estimated total Iength 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. Applicant's Drug and Alcohol Policy including mechanism of
enforcement.
f. Applicant's Firearms and Weapons Policy including
mechanism of enforcement.
g. The Site Secunty Plan including the registration/check-in
policy. If a professional security service is to be used
information must be provided concerning the service.
h. On site medical and emergency medical services to be
provided.
i. A traffic and transportation plan including the anticipated
volume and type of vehicle use, vanpooling or bussing plans,
actions taken to reduce/minimize traffic, parkrng design and
policy, copies of Appiicant's driving rules and an Equivalent
Single Axel Load (ESAL) estimate specific to fhe 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 iighting
while minimizing iight pollution.
n. Complete details of the water system proposed to service the
TLQ, (See requirements in Section 411.4A).
o. Compiete detaiis of the Wastewater System proposed to
service the TLQ. (See requiremsnts in Section 41L48).
p. Complete details of the Fire Protection System proposed to
service the proposed TLQ. (See requirements in Section
41t.4C).
Rio Blanco County Planning and Developmenr Depanment
317 E. Market (PO Box 599), Meeker. CO 8l &1
office e70 878 es80 ."- rrort#Jtt;. lfifri-
Page 4
q. Complete details of waste disposal system proposed to
service the proposed TLQ. (See requirements in Section
4n.4D).
r. Compete details of the proposed reciamation plan. (See
requirements in Section 4lL4E).
4LL.4 Requirements Related To The Operation Of TLQs:
A. Water SJ'stems.
1. Water Systems proposed to service TLQs must comply with all
applicable state and local laws and regulations.
2. For facilities serving under twenty five (25) workers (Type I TLQs),
the Applicant must conduct monthly tests (or quarterly if an on-site
disinfection system is installed) of stored potable water samples specific
for coli 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 or more (Type 2 and 3
TLQs) must demonstrate conformance to state regulations by obtaining
all necessary state permits prior to the scheduling of a TLQ Special
lJse Permit public hearing.
4. In no case shall unsafe water be used for dnnking or used water be
discharged on the ground surface.
5, Records reiated to water supply and testing must be maintained for
inspection by the Pianning Department for the tife of the permit.
B. Wastewater Sy,stems.
1. Wastewater systems proposed to service TLQs must compiy with all
applicable state and local iaws and regulations. In addition, all
wastewater must be disposed of on-site using an individual Sewage
Disposal System (ISDS) or Community Wastewarer Facility.
Rio Blanco Counry Planning and Development Department
317 E. Market (PO Box -599). Meeker. CO 81641
Office 970 878 9580 Fax9'70 878 9581 email planningCrlco.rio-hlanco.co.us
June 25.2007
Pase 5
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 appropnate; 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 foilowing requirements
must be met:
a. All wastewater must be disposed of at an approved facility.
b, The Applicant must demonstrate an arrangement for hauring
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. Appiicant must provide a detailed emergency response plan that
addresses such issues as, equipment failure.
d. Applicant must provide a letter from a iicensed disposal faciiity
stating the facility has the capacity and willingness to receive and
treat Appiicant' s anticipated wastewater.
e. Applicant must maintain all records incruding but not limited 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 planning
Department and/or any other interested third party upon request and
must be provided to the Planning Department as part of any
application 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 faciiity.
Fire Protection
1. A site Fire PIan must be provided with the application and must
include at least the following:
a. Provisions for giving alarm in case of fire.
Rio Blanco County planning and Development Department
317 E. Market (pO Box 599), Meeker. CO 81641
ofnce e70 878 e-580 .- rr.rrJjJrr*;. i66i@
Page 6
C.
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 on any TLQ site.
d. Provisions for location of one or more approved fire extinguishers
of a type suitable for flammable 1iquid or erectricar fires (class B
and ciass c), carbon dioxide or dry chemical, in one or more open
stations so that it will not be necessary to travel more than one
hundred (100) feer from any location in the TLQ to reach the
nearest fire extinguisher.
e. sprinkler sysrems if required by the Rio Blanco Building code or
the Planning Department.
f. A water storage tank if required the Rio Blanco Buildine Code or
the Planning Department.
2. Bi-monthly inspection of the fire aiarm and extinguishing
equipment is required. Records of the inspections must be avaiiable for
review by the Planning Department.
D. I{/aste Disposal
1. Bear-proof refuse containers must be provided for trash. At least one
thirty (30) galion (4 cubic feet) container must be provided for each unit
or the equivaient in a central trash collection facility, These
container(s) must be durable, washable, non-absorbent metal or plastic
with tight-fitting locking lids.
2. For Type 2 and 3 TLQs, a central bear-proof wire fenced trash
storage site with a covered top may be used as an alternative to or in
addition to individual containers.
3. Trash must be disposed of not less than once weekly.
4' Outdoor food storage is prohibited uniess 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 Developmenl Department
317 E. Market (pO Box 599), Meeker. CO gl64l
.ofnce e70 878 e-580 .* rrrr#J;?. ila;@
Pqoe 1
411.5 Reclamation
A. The Applicant shall submit as part of the TLQ Temporary 0r
Special Use Permit application, a reclamation and revegetation 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, piastic, gravel, pipe and cable
must be removed.
2. AIIpits, celiars, and other holes must be backfilled and
compacted as soon as possible after all equipment is removed to
conform to surrounding terrain.
3. All access roads to the site and associated facilities 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, wastewater tanks and ieach fieids must
be completeiy pumped out and removed. Any waste matenal
pumped from a wastewater tank or leach field or waste debns from
tank and leach field removal must be disposed of at an approved
facitity that is permitted b)' Colorado Department of Public Health
and Environment (CDPHE) and/or Rio Bianco 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-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 (3570) of field capaclty . 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 BIanco County Planning and Development Depanment
317 E. Market (PO Box 599). Meeker. CO 81641
Otfice 97 0 87 8 9580 F ax 97 0 878 958 1 emaii plannin g @' co.rio-hianco co.us
June 25,200'7
Page 8
B, Ail disturbed areas affected by TLQ sites must be reclaimed as
nearl5; as practicable to their onginal condition and shall be maintained
to control dust, weeds and minimize erosion. Reclamation shall occur
no later than three (3) months after termination of the TLQ unless the
Planning Department extends the time penod because of conditions
outside the control of the Applicant.
C. For disturbed arsas not regulated by the Colorado Oil and Gas
Conservation Commission, the following regulations apply:
iands. Ali 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 practicabie to
prevent invasion of undesirabie species and noxious weeds. and to
control erosion. Any perennial forage crops that were present
before disturbance shall be reestabiished.
2. RevegetaLion of non-crop lands. All segregated soil horizons
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 tilled
adequately in order to establish a propel seedbed. The disturbed area
then shall be reseeded in the first favorable season. Reseeding with
species consistent with the adjacent plant community is encouraged.
In the absence of an agreement between the Applicant and the
affected surface owner as to what seed mix should be used, the
Applicant shall consult with a representative of the local soil
conservation district to determine the proper seed mix to use in
revegetating the disturbed area.
D. Dunng occupation and reclamation operations, all disturbed areas
must be kept free of Rio Bianco County and State of Colorado Lists
A and B noxious weeds.
E. Successful reclamation of the site and access road will be considered
accompiished and'completed when:
1. On crop land, reclamation has been performed as per this section,
and observation by the.Planning Department over two growing
seasons confirms no significant umestored subsidence'
Rio Blanco County Planning and Development Department
317 E. Market (PO Box 599), Meeker, CO 81641
offrce e70 878 e.580 ."^ rrortJjJl*;, lt6,i@
Page 9
2. On non-crop iand, reciamation has been performed as pel this
Section, and the total cover of live perennial vegetation, exciuding
noxious weeds, provides sufficient soils erosion control as
confirmed by the Planning Department by a visual inspection. The
Planning Department shall consider the total cover of live perennial
vegetation of adjacent or nearby undisturbed land. having simiiar
soiis, slope and aspect of the reclaimed area.
3. A final reclamation inspection has been completed by the
Pianning Department and there are n0 outstanding compliance
issues relating to Rio Bianco County rules, regulations, orders or
TLQ permit requirements and conditions.
4. The Pianning Department has notified the Applicant that final
reciamation has been approved.
4IL.6 Miscellaneous Provisions
A. This Section is not intended to be applied to emergency or disaster
situations where temporary housing is necessary.
B. 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
withheld until the TLQ is removed and the site is restored to the
satisfaction of the County Buiiding and Pianning Departments.
C. TLQ sites must 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,
D. Inhabitants of the temporary housing must be Applicant's employees
and/or subcontractors, working 0n the reiated construction or mineral
extraction operation, and not dependents of employees, guests or other
famiiy members.
Rio Blanco County Planning and Developmenl Depanment
317 E. Market (PO Box 599), Meeker, CO 81641
Office970 878 9580 Fax970 878 9581 email nlirnning@,co.no-blanco.co.us
Iune 25,2007
Page I 0
E. No animais are aliowed at TLQ sites'
F. If a permit for TLQ is granted, lhe Applicant shall notify the County when
site construction begins. For Type 1 TLQs not requiring a Building Permit
(recreational vehicles, motor homes and camp trailers) the Applicant shall
notify the County when occupancy begins.
G. As to Type 3 TLQs, on-site County emergency services and/or law
enforcement staff may be required. The cost of such may be shared
between the Applicant and Rio Bianco County'
H. The Planning Department shall have the right to inspect a TLQ site,
without notice, to assess compliance with the TLQ permit' A
determination 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.
I. TLQ Permits may include additional requirements as may be necessary to
ensure the health, safety and welfare of the pubiic.
411.7 Reporting Requirements
A. When the need for a TLQ at a given location is ended and the TLQ
facility and associated structures are to be removed, the Applicant wili
notify the Planning Department at least 10 days prior to removal.
B. Each Applicant must submit an annual summary of TLQ use, January 1
through December 31, including number of persons housed in each TLQ.
Reports are due by January 31" of each year.
411.8 Revocation and Penalties
A. Failure to comply with the requirements or conditions of a TLQ Ternporary
or Special Use Permit may be grounds for revocation pursuant t0 Section
105 of Article V of the LUR or imposition of penaities or remedies pursuant
to Section 104 of Article V of the LUR.
Rio Blanco County Pianning and Deveiopment Department
31? E. Market (PO Box 599). Meeker, CO 81641
Office970 878 9580 Fax 970 878 9581 email planning@ico.rio-hlanco'co us
June 25.2007
Page I 1
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
County Courthouse
555 Main Street
Post Office. Box 599
Meeksr, CO 81641
Ghecklist for Special Use Pemits 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 to the TLQ guidelines for addrtional
detaiis. Not all items will appiy to every appiication.
Type of TLQ applied for:
[ ] Type 1 Temporary Use Permit, (Use Specific Type 1 Appiication Form)
[ ] Type 2 Special Use Permit
[ ] Type 3 Special Use Permit
[ ] Pre-Application Meeting Date
[ ] Completed Application - Inciude appiicant name, address, and contact numbers, site address or
location. Submit 12 copies of the final application.
[ ] Required Application Fee - see fee scheduie in the LUR Section 1i 8.
[ ] Statement of Need - analysis of available housing, inciude anticipated/desired starting date of
construction and occupancy.
[ ) Legal description/ proof of ownership/ authority:
[ ] If owner is other than applicant, letter of consent conveying authority to act on behaif of the
owner and contract with owner.
[ ] If on public lands, documentation giving proof of iegal authority to use the site.
[ ] Vicinity Map - a hardcopy and digital copy showing the relationship 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 lower needs
enumerated.
Rio Blanco Counry Planning and Development Department
317 Market Street (PO Box 599), Meeker, CO 81641
Offrce9TO 878 9580 Fax970 E78 9-581 email planning(-s)co.rio-blanco.co.us
Page 1
juiy 25. 2007
[ ] Site Plan, hardcopy and digital copy. This pian should show the following features as they
appiy to the site:
[ ] Location, dimensions, and height of all buildings and other structures. For buiidings include
elevation drawings.
[ ] Setbacks, if necessary. provide documentation.
[ ] Location of access points and roads. Inciude width and surface type.
[ ] Parking, loading and vehicle maneuver areas, surface type. number of spaces'
[ ] Stormwater facilities inciuding any curb, gutters, grates and inlets, retention or detention
facilities, pipes, and drainage ditches.
[ ] Inigation ditches, pipelines, and other easements.
[ ] Underground and overhead utilities inciuding water, sewer, power, teiephone, gas. and
septic tank locations
Water wells or potable water storage
Wastewater storage
Solid Waste Facilities
Exteri or light fixtures
Fencing, berms, walls and other screening devices or landscaping
Fire hydrant or water source and capability for fire control
Any natural features of note including unusual topography, wetlands, floodplains, or
vesetauon.
Open space / recreational facilities
Any other proposed improvement related to the TLQ.
If multipie sites, provide documentation that required spacing is met.
[ ] Statement of anticipated length of time TLQ will be needed.
[ ] Names addresses, zoning and land use of adjacent property and mineral right owners within 2
miles.
[ ] Necessary County building permits and inspections
[ ] Colorado Division of Housing approval on portable manufactured buildings (includes
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 Pian - describe private security if pianned.
-'i?;'ff
:.-?H:i'fr8}:I$ff ',J:J#:t3?,ilT*'
. Office 970 878 9580 Fax 970 trt
?::: ,emaii
nlandng(dco.ric'bianco co.us
July 25,2007
t
t
I
[ ] In- house medical and emergency medical services plan
t ] Sign Plan - at a minimum must be sufficient to direct emergency responders and must identify
any special hazards
[ ] Transportation Plan - including anticipated traffic, type and voiume
Vanpooling or bussing plan
Parking Design and Poiicy
Company Driving Rules
Expected impact on estabiished roads
ESAL equivalent estimation
[ ] Stormwater management plan
[ ] Cafeteria facilities - if pianned, inciude necessary certificates and iicenses. include details for
food storage.
Water System
[ ] Hauiing of off-site potable water
t I Source and agreement with hauling company (must be CDPHE approved, supply
registration number and certification). Description including 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 pennit
or other legal water supp)y information and CDPHE approval.
[ ] Plan for compliance with testing requirements.
Waste Water Systems
[ ] ISDS System (includes septic tank/ieach fieid and individual package piant systems)
[ ] County Building Department Permit and Approval
or
[ ] Community Wastewater Facility
[ ] Permit from CDPF{E (systems over 2000 gals must have CDPHE approval)
or
[ ] Hauling Service - description including calculation of demand, number and volume of vauits,
name and iicense number of the hauler. and disposal site. For Type 2 and 3 facilities you must
show that:
[ ] ISDS not feasible due to site conditions
[ ] There is regular year-round access
-'i?;T,?fi:H:JHffi:31?;l;',r#:i3?,ffi *',
Offrce 970 878 9580 Fax 970 878 9581
,email
rrianningt@co.rio-blanco.co.us
July 25. 2007
[ ] Agreement with hauiing company inciuding contact information and backup plan
[ ] Disposal details. approved facilitl, and documentaiion 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 including gate information with lock combinations.
[ ] Emergency Response Information - Provide name, address. and phone number, including 24
hour number 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 0r more approved fire extinguisher, Class B or Class C, as required by code or
condition.
[ ] Site Fire Plan
Fire protection system
Water storage tant specifications - if required
Wildfire escape plan
Building egress
Escape and meeting pian posted
Waste Disposal
[ ] Bear-proof trash containers required
[ ] Type and number ofcontainers required, name ofhauler, frequency of coliection, and disposal
site.
or
[ ] Central fenced bear-proof site
[ ] Copy of trash hauiing agreement
Reclamation Plan -
[ ] General reclamation plan for return to pre-deveiopment conditions
[ ] Crop lands- include timing and seed mix
or
[ ] Non-Crop lands - include timing and seed mix
[ ] Weed control plan.
Rio Blanco County Planning and Development Department
317 Market Street (PO Box -599), Meeker, CO 81641
Office 970 878 9580 Fax 9'70 878 9581 email @
Page 4
.luly 25" 2007
A copy of tire foliowing should be submitted or be on file with the County:
[ ] Company Drug and Alcohol Policy
[ ] Company Firearms and Weapons Policy
I I House rules for the TLQ
[ ] Company Dnving Rules
Rio Blanco County Planning and Development Depanment
317 Market Street (PO Box 599), Meeker, CO 81641
Office 97A 878 9-580 Fax 9'70 878 9-581 email planningic)co.rio-blanco.co.us
Page 5
July 25, 2007
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
County Courlhouse
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 guidelines for addirional
details. Not all items will apply ro every application.
Type of TLQ applied for:
[ ] Type 1 Temporary Use Permit, (Use specific Type 1 Applicarion Form)
[ ] Type 2 Special Use permit
[ ] Type 3 Special Use permit
[ ] Pre-Appiication Meering Date
[ ] Completed Application - Include appiicant 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 1g.
[ ] Statement of Need - analysis of avaiiable housing, include anticipated/desired starting date of
construction and occupancy.
[ ] Legal description/ proof of ownership/ authority:
[ ] If owner is other than applicant, ietter of consent conveying authority to act on behalf of the
owner and contract with owner.
[ ] If on public lands. documentation giving proof of legal authoriry to use the site.
[ ] Vicinity Map - a hardcopy and digital copy showing the relationship 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 penods of higher and lower needs
enumerated.
Rio Blanco County Planning and Development Depanmenr
317 Marker Street (PO Box 599), Meeker, CO g1641
Office 970 878 9580 Fax97O 878 9581 email planninsf@co.rio-blanco.co.us
Page 1
Juli'25. 2007
I I Site Plan, hardcopy and digital copy. This pian should show the foliowing features as they
apply to the site:
[ ] Location. dimensions. and height of all buiidings 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.
[ ] Stonnwater facilities including any curb, gutters, grates and inlets, retention or detention
faciiities, pipes, and drainage ditches.
[ ] Inigation ditches, pipelines, and other sasements.
[ ] Underground and overhead utilities inciuding water, sewer, power, teiephone, gas, and
septic tank locations
Water welis or potabie water storage
Wastewater storags
Soiid Waste Faciiities
Exterior light fixtures
Fencing, berms, walls and other screening devices or landscaping
Fire hydrant or water source and capability for fire control
Any natural features of note including unusuai topography, wetlands, flbodplains, or
vegetation.
Open space / recreationai facilities
Any other proposed improvement related to the TLQ.
If multiple sites, provide documenrarion that required spacing is met.
[ ] Statement of anticipated length of time TLQ wili be needed.
[ ] Names addresses, zoning and land use of adjacent property and mineral right owners within 2
miles.
[ ] Necessary County building permits and inspections
[ ] Colorado Division of Housing approvai 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 materiais and iabor.
[ ] Site Security Plan - describe private securirl, ifplanned.
.' i?ril,?[?H# a31:31ff fi',3#:',13?,:*T*'
Offtce 970 878 9580 Fari 970 trt
?1t*:
email planrringt4co.ric-blanco.co.us
.luly 25. 2007
[ ] In- house medical and emergency medical services plan
[ ] Sign Pian - at a minimum must be sufficient to direct emergency responders and must identify
any special hazards
[ ] Transportation PIan - including anticipated raffic, type and voiume
Vanpooling or bussing pian
Parking Design and Policy
Compani'Driving Ruies
Expected impact on estabiished roads
ESAL equivaient estimation
[ ] Stormwater management pian
[ ] Cafeteria facilities - ifplanned, inciude necessary certificates and licenses. Include details for
food storage.
Water System
[ ] Hauling of off-site potable water
t I Source and agreement with hauling company (must be CDPHE approved, supply
registration number and certification). Description including number and voiume of tanks,
demand caiculations, 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 CDPHE approval,
[ ] Plan for compliance with testing requirements.
Waste Water Systems
I I ISDS System (includes septic tankleach field and individualpackage plant systems)
[ ] County Building Department Permit and Approval
or
[ ] Community Wastewater Facility
[ ] Permit from CDPHE (systems over 2000 gals must have CDPHE approval)
or
[ ] Hauling Service - description including caiculation of demand, number and volume of vauits,
name and license number of the hauier, and disposal site. For Type 2 and 3 facilities you must
show that:
[ ] ISDS not feasible due to site conditions
[ ] There is regular year-round access
Rio Blanco Counry Planning and Development Depafiment
317 Market Street (PO Box 599), Meeker. CO 81641
Office 970 878 9580 Fax 970 878 9581 email planningrie'co.rio-blancci.co.us
Page 3
July 25. 2007
A copy of the following should be submitted or be on file with the County:
[ ] Company Drug and Alcohol Poiicy
[ ] Company Firearms and Weapons Poiicy
[ ] House rules for the TLQ
[ ] Company Driving Rules
Rio Blanco County Planning and Development Department
317 Market Street (PO Box 599). Meeker. CO 81641
Office 970 878 9580 Fax 970 878 9581 email@
Page 5
.1u11,25. 2007
Exhibit A
Article X, Section 410, Ternporary Use Permits for Oil
4i0.1 All drilling activities related to exploration and producf 6r natural gas in
Rio Blanco County whether on Federally owned, lndian owned, State of Colorado owned
or privately owned surface land require a Temporary Use Permit as follows:
A separate Temporary Use Permit must be obtained for each new well before
commencement of construction of the well pad. As to multi-well pads, a
Temporary Use Permit must be obtained for the first well before
corrmencement construction of the well pad. For each subsequent well on the
multi-well pad, a Temporary Use Permit must be obtained before
commencement of drilling. A Temporary Use Permrt must be obtained for
each new well notwithstanding the fact such well may be part of a Special Use
License issued prior to the effective date of this Section 410 or issued
subsequentiy.
Temporary Use Permits issued pursuant to this Section 410 are for a period of
six months. A six month extension of the Temporary Use Permit may be
obtained by application pursuant to Section 225 LUR.
Temporary Use Permits pursuant to this Section 470 are issued by the
Planning and Deveiopment Department pursuant to an admrnistrative review
process.
All applicable taxes and fees must be paid before a Tbmporary Use Permit can
be issued.
Al1 drilling activities riust be conducted in accordance with all applicabie
Federal, State of Colorado, and Rio Blanco County laws, ruies, and
regulations and including all required conditions of approval of the Temporary
Use Permit.
410.2 Application Process
A compiete application for a Temporary Use Permit as required herein, must
be filed with the Rio Blanco Planning and Development Department no later
than thirty days prior to the date of estimated commencement of operations
with heavy equipment.
Rio Blanco County Planning and Development Department
317 E. Market Street (PO Box 599), Meeker. CO 81641
Office 9'10 878 9-580 Fax 9'10 878 9581 email @
June 25. 2007
Page I
A.
B.
C.
D.
E.
A.
RIO BLANCO COUNTY DEPARTMENT OF DEVELOPMENT
Count5, Courthouse
555 Main Street
Post Office. Box 599
Meeker. CO 81641
Application for Temporary Use Permit
Minor Temporary Living Quarters (Type 1)
Tlpe 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 approved COGCC well pad)
in which reclamation, restoration, and revegetation are required by contract. This appiication,
once complete and accompanied with supporting documentation, will be used for the decision for
Administrative Approval of the Temporary Use Permit. Please allow i4 days before the
anticipated stafi of construction for processing.
[ ] Application for Temporary Use Permit for Well Pad (can be applied for con-cunentiy.)
t I TUP Application Fee Paid
[ ] Impact Fee Paid
[ ] Statement of Need - include anticipated/desi,red starting date of construction and leng1h of
occupancy.
[ ] Legal description/ proof of ownership/ authority:
t ] If owner is other than applicant, ietter of consent conveying authority to act on behalf
of the owner and contract with owner.
I I If on public lands, documentation giving proof of legal authority to 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 developments on a USGS 7.5
minute series quad.
[ ] Site Plan, 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.
t ] Parking, ioading and vehicle maneuver areas, surface type, number of spaces,
[ ] Pipelines and other easements.
[ ] Underground and overhead utilities including water, sewer, power, telephone, gas,
[ ] Potabie water storage
Rio Blanco County Planning and Development Departmenl
317 E. Market Street (PO Box -599). Meeker. CO 81641
office 970 878 9s80 Fax 970 tlf,;1:i cmail nlannin!:rq)co.rio-blanco co'us
Paqe I
wastewater storage
Exterior light fixtures
Solid Waste Facilities
Any natural features of note including unusual topography,wetlands, fl oodplains, or
vesetatlon.
[ ] Any other proposed improvements related to the TLQ.
[ ] TWe (s) of Buildings to be used -
[ ] Recreationai Vehicles (RVs)
[ ] Modular
[ ] Reclamation Plan -
tl Revegetation Plan-
Weed Controi Plan
Number
Number
Neu,
New
Used
be CDPHE approved,
of demand. number and
[ ] Emergency Response Map- showing detailed road access and mileage to the site from major
public roads inciuding gate information with iock combinations.
[ ] Emergency Response lnformation - Provide name, address, and phone number, inciuding 24
hour number of at least 2 persons responsible for emergency field operations.
Smoke Aiarm in each housing unit.
Single station carbon monoxide aiarm in each housing unit.
One or mole apploved extinguisher, Class B or Class C, in each housing unit.
[ ] 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 buiidings
t I County Building Permit
[ ] County Road and Bridge Permits
[ ] Access Permit
[ ] Oversize, Overweight Permit
[ ] Utilities lnstallation Permit
[ ] Anticipated traffic, type and volume
[ ] Vanpooling or bussing plan
[ ] Expected impact on established roads
Used
if not aiready required by the permitting authority.
if not already required by the permitting authority.
- addressing interim and final weed abatement.
Rio Blanco County Planning and Development Department
317 E. Market Street (PO Box 599). Meeker. CO 81641
t ] Water System -source and agreement with hauiing company (must
supply registration number and copy of the certification)
[ ] Sewage and Wastewater System - description inciuding calculation
volume of vaults, name and iicense number of the hauler, disposal site.
[ ] Stormwater Management Plan - if not already required by the permitting authority.
tl
Office 970 878 9-580 Paxg'70 878 9581 emaii nianning(@co.rit'-blanco co'tts
July 26. 2007
Paee 2
A Copy of the following should be submitted or be on file with the County:
Company Drug and Alcohoi Policy
Company Firearms and Weapons Policy
House rules for the TLQ
Company Driving Rules
Rio Blanco County Planning and Development Department
317 E. Marker Street (PO Box 599), Meeker. CO 81641
Office 970 878 9580 Fax 9'10 878 9581 email nianningfs,co.riobianco.co.us
July 26. 2007
Page 3
C*mBILtERAH
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 email request dated October 11,2007. This working group would like to request
approximately 30 minutes to present a detailed discussion of our comments to the Board of County
Commissioners (BOCC) during the hearing on November 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 for standards for temporary housing.
b. The need for notification to the County and other parties when such housing is
established.c. The need for the County to be able to seek enforcement action for noncompliant
conditions.d. The standards and process for larger, centralized camps.
2. The primary areas where the industry diverges from the County staff on the currently
proposed regulations are:
a. Application of building permits and associated requirements for all housing appears to be
inconsistently applied to the oil and gas industry and will create significant practical and
logistical challenges for both the industry and the County.
b. Occupancy levels recommended by staff have an arbitrary basis, are inconsistent
between the regulations for each facility type, and are confusing and will be difficult to
enforce.c. Review processes applied to different levels of occupancy have significant uncertainties
regarding the content and timing of the approvals that complicate planning and inhibit the
flexibility that 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 regulations for this housing and look forward to continuing our discussions regarding this
issue during the meeting on November 19,2007. lf you have any questions or require additional
information in the meantime, please do not hesitate to contact me at 970-263-7800.
ug Dennison
826 21 % Rood
Junction, CO 8,l505
T:970.263.7800
t:970.263.7 456
Grond
'Associate Geologist
Cordilleron Complionce Services, lnc.
Grond Junciion, CO . Denver, CO
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Any One Given Time)
Use by Right with Pedormance Standards
REQUIRES 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 defined under C.R.S.42-1-
102 (61), with the addition that such truck, truck tractor, motor home orcamper
trailer is being used for temporary living quarters and not recreational purposesl,
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 or federally permitted parcel (such
as a Colorado Oil and Gas Conservation Commission (COGCC)
approved oil/gas well pad) in which reclamation and revegetation are
secured with the permitting agency (Permitted Site); and,
B. The Snrall Facility is located at the Permitted Site for less than a
cumulative of one (1)year and at the end of the utilization period, allI structures, foundations and associated infrastructure are completely
rernoved; and,
C. The pryatt. On-Site Temporary Employee Housing Facility shall, contain twelve (12) or fewer beds of which a maximum ol Yz of the': : proposed beds may be occupied at any given time to accommodate
,employees, contractors or sub-contractors of the operator of the small
tacility and are needed for onsite safety of the related commercial,
industrial, extraction or highway operation.
Temporary employee housing facilities that do not have the three
characteristics listed above, i.e., (1)contains 71o24 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 2007\Text Amendments\Essential Personnel\BOcc 1 I - 19-2007\DRAFI -
Section 5-02-23 - Small Temporary Employee Housing.doc
Small Facility=
Small Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02.23 (New)
DRAFT
ximum of 12 Beds, 7z of Which Can Be Occupied at
Page 1 11/8/2007
zoninsnesorLiiTiLliHJ:1i5H.:l:"rH,','"'lTir:8{tx^:fiDRAFT
(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 (*itn .*."ption to (A), -below) to the relevant fire protection district(s)
and the Garfield Couniy Sherifi's'Otfice. 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 theielevant 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 perform the necessary functions of the respective
Office or district.
B. A form, provided by the Building Department, indicating the
anticipaied dates of installation and removal of the Small On-Site
Faciliiy and a representation of the total cumulative length of time
lnumber 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
emptoyee or'other authorized representative who is in charge of
ensuring that the Srnall-On-Site Facility is in complianc_e with the
standarls outlined in Section 5.02.23 ("Operator's Compliance
Officei').
D. A form, provided by the Department and signed_by the operator's
Compliance Officer, indicating that the Small On-Site Facility will be
instailed in aecordance with all applicable Garfield County, relevant
fire district, state and federal regulations'
E. A form, pr,ovided by the Department and signed by the operator's
Compliance Officer, indicating that the Operator submits to the
enfoicement 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 p[rmit for the Permitted Site has expired or is otherwise
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 subjeci lot and the Permitted Site; general relation to
surrounding public roads, private roads, adjacent utility
systems, r6sidential development, other actively permitted
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BC)CC l1-19-2007\DRAF| -
Section 5-02-23 - Small Temporary Employee Housing.doc
Page2 tr/8/2007
ii.
iii.
iv.
zoninsnesottitiTi:liffiT'l5Hi""'.:?fffi '.g|,:Siill!!i
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.
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 m3rked T gPPnl
gated, andior 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 headquarters to each Small On-Site Facility, along
each roadway.
Name, address and phone number of sudace 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, Gar{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.
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.
vi.
13; The Small. On-Site Temporarv Housino Facilitv shall adhere tg th.e followinq' Smatt facilitv StanOarOs: All submittal requirements, application forms,
timeframes for review shall be in accordance with the building code. Enforcement
shall be in accordance with the building code and the enforcement provisions
detailed in subsection (1), above. The Small Facility shall demonstrate or certify
compliance with the following standards at the time of building permit application:
T:\dpesnichak\Land Use 2007\Text Amendments\Essential Personnel\BOCC 11-19-2O07\DRAFI -
Section 5-02-23 - Small Temporary Employee Housing.doc
Page 3 11t8t2007
Small Temporary Employee Housing Regulations
Zoning Resolution of 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.
ln no case shall unsafe water be used for drinking nor shall raw
Sewage or contaminated water be discharged on the ground sudace'
The Jperator 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.
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.
C.
D.
E. At teast 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
inteiested third party upon request, to demonstrate that refuse is
collected in a timely tashion and disposed of at a licensed facility.
" G. Outdoor food storage is prohibited'
'r'
tanuiactured home or recreational vehicle units equipped by the',t H' tV
manufacturer with a fire sprinkler system, fire detection system, and/or
' accordance with 2003 IFC 5901.4 and $901.6 and as required bythe
rele-vant fire protection district(s). Smoke alarms and manual fire
alarm systems shall be installed, inspected and maintained in all other
manufattured home or recreational vehicle units in accordance with
2003 lnternational Fire Code (lFC) 5907.2.9 and 5907.2.10 and the
requirementsoftherelevantfireprotectiondistricts,
l. Single-station carbon monoxide alarms shall be placed in each
manufactured home or recreational vehicle unit'
J. One (1) or more approved fire extinguisher(s) of a type suitable for
flamma'ble liquids, combustible materials and electrical fires (Class
ABC), or dry chemical, shall be located in each manufactured home or
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Small Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5 o'?''z3D$f;?
recreational vehicle unit and placed in accordance with applicable
codes.
Domestic animals are prohibited at all Small Facilities.
A water storage tank shall be required to provide watel to the sprinkler
System and initial suppression activities. The size of the water tank
s-hall be determined based on sprinkler calculations and initial
suppression demands. The size of the water storage tank shall be
deiermined by the relevant fire protection district or Sherriff's Office (if
not located within a fire protection district)'
The operator shall document all emergency situations requiring action
by any government agency or fire protection district, in writing, and
such dotumentation shall be presented to the Building Department
and Gar{ield County Sheriff's Office within 24 hours of the occurrence.
All required Access Permits shall be obtained from the Gafield
County Road and Bridge Department or the Colorado Department of
Transportation.
The Garfield County Sheriff's Office and relevant fire protection
district(s) shall be notitied at least 24 hours prior to installation and
removal of each Srnall 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
*oit ei 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
over{low 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
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K.
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Small Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02.28ffJ?
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
gallonsperdayorgreaterbasedonaproductionotTS
lallons of wast-ewatei generation per person per day, then
ihe 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 systern (lsDS): lf an lsDS is
proposed, then it shall be designed, installed and operated to
accommodate the maximum number of persons who will inhabit
the Small Facility and shall otherwise be permitted and operated
in accordance with the GarJield county lsDs regulations as
contained in BOCC Resolution Number 1994H-136'
The use, "small on-site Temporary Employee hlousing Facility i1_c_ol9lance with
Section 5.02.23" will be added as i use by right in the 3.01 A/1,3'02 fuR/RD,3.03
RLSD, 3.04 RLUD, 3'05 RGSD, 3'06 RGUD, 3.07.cL, 3:09 CG, 3,09 oS, 3'10 RL,
3.11 R/MH/G/UD, 3.12 Ll, 3.13 PA, 3-14 DWC, 3.15 CDWC
Definitions:
2.02.51 2 Temporary Emplovee Housinq Facilitv(ies):
The use, during times of housing shortage, of manufactured homes and/or recreational
vehicles as removable housing,-utitizeO for a period of time not longer than one year, for
workers who are engaged in icommercial, industrial, mineral extraction or highway
op"rrtlon 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 Yz of lhe
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 iime longer than one-year; or otherwise meet the
requirements of Section 5.02-21and 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 22lor 23lot this Zoning Resolution.
2.02.42'1 Permitted Site:
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A parcel of land, generally a portion of a lot, as defined in Section 2'02'32, designated
for a commercial, industriil, 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 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'
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5,02'22 (New)_ _ DRAFT
Minor Permit - (Contain 7 lo 24 beds)
5.02.22 - Administrative Permit for Minor Temporary
Permit):
(Minor
(1) Minor Temporary Employee Housing Facilities, in the nature of manufactured
homes [as defined under C.R.S. 42-1-102 (106) (b)] andior 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 quarters
and not recreational purposes], may be granted land use approval for projects
related to commerciai, 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 GarJield County building and fire codes (building
code, fiie code), state and federal permits and relevant fire protection district(s)
f ire 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 Cbmmission (COGCC) approved oil/gas 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.
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.
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EXHIBITT
Page I 11/8t2007
Minor Temporary Employee Housing Regulations
Zoning Flesolution of 1978 as Amended, Section 5'0'z 2'?D$l?
Minor Permit and Area Wide Development Plan (AWDP): Each Minor
Facility application shall be reviewed by the Director and an
adminlstrative 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
faiilities 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'
ldentity of Applicant. The Applicant for a Minor Permit or for approval
of an AWDP must be the owner of the sudace estate of the subject lot
(owner), consistent with section 9 of this Zoning Resolution. lf a
iepresentative is acting on behatf of the Owner, an acknowledgement
from the Owner shall be included with the apptication submittals
required by section 4, below. such an acknowledgment may be in the
form of a letter of authorityiagency or a'lease, surface use agreement
or similar document of legal effect dernonstrating that the Owner has
given the representative permission to use the Sufiace 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.
Public 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 mailed to adjacent property owners within 200 feet of the
subject lot, as identified in the Garfield County Assessor's Records;
the Owner (unless the Owner is the Applicant and is not represented);
and separaied mineral estate ownerS, as identified in the records of
the GarJield County Clerk and Recorder. Public Notice shall include
at a minimum: name of the Applicant and representative (if different),
descriptionimap of the subject lot with proposed location of Minor
Facility(ies), general description of the proposed Minor Facility(ies),
explanation of tne reconsideration process, outlined in Section 6,
beiow, with the timeframe to request reconsideration of the Director's
decision and contact information for the Department.
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 mapisite plan in accordance with Section 4(H), below,
identifying the proposed location and anticipated layout for all Minor
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A.
B.
C.
D.
Page2 11t8t2001
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1918 as Amended, Section 5 0"2D$?
Facilities to be installed within the AWDP. Site specific, surveyed
,rpr o"picting the location of each Minor Facility, located within the
Peimitted SitJ within the subject lot, shall be submitted with each
individual Minor Permit application and not with the application for
aPProval of an AWDP'
B. The master mapisite plan shall include a list of the anticipated dates
of installation and removal for each Minor Facility. The list shall also
include the estimated total cumulative length of time (number of days)
that the Minor Facilities are anticipated to-be installed at the proposed
location'
C. Sign-offs from the GarJield County Sherriff's Office, relevant fire
pr6tection district(s), and Garfield County Building Department
consistent with Section a (A) and (B), below'
D. A legible photo of the state or federal "certifying stamp".for each
nousing unit anticipated to be used within the AWDP and
demonstration that each proposed unit meets current building code
and Garfield County fire code requirements'
E. A general description of infrastructure and services listed in Section 4
1Ci _ 1ri, 6erow. The detait reo.uirg! at the time of application for a
Minor irermit is not required at ihe time of application for approval of
an AWDP.
F'Proofthatrequiredpublicnoticinghasbeenperformedinaccordance
Assumingappr.ovaloftheAWPr,.followingthetimeframefor
1.".onridJration detailed in Section 6 below. The Applicant may proceed
i;;ilii ilirid*t apptications for the Minor Facilities proposed within
.,,1 iiJfiruop- in accordance with the submittal requirements, standards'
, ,'l' aoministiaiiv.e review process and timeframes and the reconsideration,' ,,,,, process and timeframes, stated in sections 4 - 7, below.
(+)suomiua]sforMinolPermit,includingMinorPermitapplicationforwhichan
AWDP wa$ PreviouslY aPProved:
A. Sign-ofts: review from the Gar{ield county sheriff's office and
reievant fire protection district(s). lf an AWDP was previously
"ppt.o,"oinaccordancewithsection(3),above,theApplicantforaMinor Permit need not resubmit the sign-offs'
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 demonstration tnat each proposed housing unit meets current
o,irol,gcodeandfirecoderequirements.lfanAWDPhasbeen
previotisly approved which includes the Minor Facility presently being
permitted, the Applicant shall identify the housing units which will be
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used at
AWDP.
C.
D.
Minor Temporary Employee Housing Regulations
Zoning Resolution of 1918 as Amende'd' Section 5'02 'z|$l?
the Minor Facility from the list approved as apart of the
GeneraldescriptionoftheWaterSystemplannedfor-potableWater,
ufong with deiails regarding number and volume of potable water
iinXl, source of watei nur6 of hauler, hauler's Colorado Department
of public Health unJ fnrironment (CDPHE) registration.number and
copy of hauler's CDPHE certification, frequency .of delivery' and
calculation of water demand and demonstration of adequate capacity'
A general description of the system planned lor collection and storage
of sewage "no
*asi"*ater, along with details regarding number and
volume of sewage and wastewater vaults, name of hauler, frequency
oi p'"f.rp, identiiication of sewage disposal site, calculation of sewage
and wastewater treatment deriand and demonstration of adequate
storage and/or treatment capacity-
E. A general description of the system planne-d for.collection and
dis[osal of ,"trt5, ,tong with details regarding- '"-1'"" collection'
including numOei,- iype a-nO volume of containers, name of hauler;
trequen6y of colLction; and identification of refuse disposal site.
F. A list of adjacent surface owners within 200 feet of the subject l-ot (not
only tne 'Permitted Site), as identified in. the. G?di:|1 .9:-1"11
Assessor's records, and a list of separated mineral estate owners ln
the subject foi,
-"r iJentified in if,e GarJield County Clerk and
Recorders records'
G. A list of the final dates of instaltation and removal of the Minor Facility
and a representation of the total cumulative length of time (number of
Jaysl that the rr1inor Facility will be installed at the proposed location'
H. Site Plan: The APP|icant shall
consistent with Section 9'01'01
requirements listed below:
submit an adequate site Plan,
of this Zoning Resolution and the
A vicinity map indicating the section,-township' and range
of the rl5l"it tot and tie location of Minor Facility within
tn. .rnil.i lot and the permitted site; general relation.to
,uiroun'Oing public roads, private roads, adjacent utility
;;;i;t, tJsidential development' other actively permitted
friinot and Major Facilities, natural drainage courses.and
,uni.ip"lities witnin one (1) mile oi-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 7'5 minute series
quadrangle at a scale of 1"=2000' or equivalent' with a
tofogt"p-hy depicted at a minimum of 5' intervals'
SurveyedlayoutoftheproposedMinorFacilitywithinthe
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Minor Temporary Employee Housing Regulalions
Zoning Resolution of 1978 as Amended, Section U O' "rffiI+
surveyed boundaries of the Permitted site, including at a
minimum:sewageandwastewaterdisposal'trash
receptacles,potableWaterStorage,allotherassociated
infrastructure'and all other equipment located within the
Permitted Site.
iii. ldentification of the private and public roadways accessing
eachMinorFacility.RoadwaysshallbemarkedaSopen,
gated,andiortoct<eo(includecombinations).Detailed
directions, with mileage, shall be given from the nearest
town within Gartield county, nearest Garlield county
Sheriff's office dispatch location and responsible fire
district headquarters to each Minor Facility, along each
roadway.
iv. Name, address and phone number of surface owner of the
subject lot.
V.Name,addressandphonenumber,includingaZ$.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, Gar{ield county sheriff's office,
Life/Care Flight, and applicabte regulatory agencies; site
safety/evacuation plan; and any other written response
plan ior 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.
The name, title, address, phone number and email address of the
Operator's' empioyee or other authorized representative who is in
charge of ensuring that the Minor Facility is in compliance with the
stanJards outli ned in Section 5.02.22 ("Ope rator's Com pliance Off iced')'
A form, provided by the Deparlment and signed by the operator's
Compliance Officer, indicating that the Minor Facility will be installed in
accordance with all applicaOte GarJietd County, relevant fire district,
state and federal regulations.
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'
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
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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:
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 conditions 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
approval or denial of any application, plan or plat under consideration.
lf the Director finds in reviewing an application that the application
meets the standards set forth in this Zoning Resolution, the Director
shall approve the application for a Minor Permit and issue the Minor
Permit to the Owner of the subject lot or approve the application for
approvalof an AWDP.
C. lf the Director finds that the application does not meet an applicable
standard or standards, the application may be approved with
appropriate reasonable conditions imposed 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
ffiodific_ation of.proposed access roads, facilities (including water and
Sewer.facilities), or structures; landscaping, buffering, or screening; or
, ., any other measures necessary to mitigate any significant impact on', suiroundingpropertiesandinfrastructure.
D" ,ilf. 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 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 property 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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B.
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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 by Applicant or Adjacent Property Owner 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 property
owner within 200' of the subject lot, aggrieved by the Director's
decision may request reconsideration by the BOCC by means of a
written request filed with the Department within the fourteen (14)
day period of time.
ii. Schedule Public Hearing. A public hearing by the BOCC shall be
held at the next 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 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.
iv. Notice to Adjacent Propefi Owners. At least thirty (30) calendar
days 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 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 shott narrative describing the Minor Facility or 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
r#Jff T,."l;,75f ',;[;T,i',HJ,"',"#:1"::ffi1J::if TiJ'iy;?fJ
Resolution and, specifically, Section 5.02.22.
B. Call-up by Board. Within foufieen (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
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5 o'z 22D$f;?
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 t[e 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 if'e icneOuled Reconsideration Hearing, the
Direcior shall send by certified mail, return receipt requested, a
written notice of the jublic hearing to the owner+ of record of all
adjacent property within 200' of the subjecl.lot. The notice shall
initude a vicinity map, the legal description of the subiggt lot, a short
narrative describing the -Minor Permit or AWDP, and an
announcement of t6e date, time and location of the scheduled
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, m9d1fy the decision or
reverse the decision, based upon compliance of the proposed Minor
Facility or AWDP with the regulations contained in this Zoning
Resolution and, specifically, Section 5.02.22.
(7) The Minor Facility shall adhere to the following Minor Permit standards:
A. 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 county or any interested third party upon request, to
demonstrate that potable water supplied and sewage and wastewater
meet the representations contained within the application, as required
bY Section 4(C) and (D) above'
C. ln no case shall unsafe water be used for drinking nor shall raw
sewage or contaminated water be discharged on the ground suface'
The Jperator 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. 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
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5 02 22D$le;?
security reasons must be managed in accordance with all applicable
federal, state and local laws and regulations'
At least one thirty (30) gallon (4 cubic feet) wildlife-proof refuse
container shall be provided for each manufactured home or
recreational vehicle unit. Said container(s) must be durable,
washable, non-absorbent metal or plastic with tight-fitting lids.
Refuse shall be disposed of weekly, at a minimum. Operators must
keep appropriate records, to be provided to the County or any
interested third party upon request, to dernonstrate that refuse iS
collected in a timely fashion and disposed of at a licensed facility.
G. Outdoor 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
alarm system shall be inspected, tested, and maintained in
accordance with 2003 IFC s901.4 and s901.6 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) $907.2.9 and s907.2.10 and the
requirements of the relevant fire:protection districts.
l. Single-station carbon rnonoxide 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 and/or
subcontractors, working on the related commercial, industrial or
mineral extraction operation, and not dependents of employees,
guests or other familY members.
Wthin 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
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 timef rame.
No domestic animals are allowed at a Minor Facility.
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Zoning Resoluiion of 1978 as Amended, Section 5.02.22 (New)
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A water storage tank shall be required to provide water to the sprinkler
system and initial Suppression activities. The size of the water tank
s-hall 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 25OO gallons of stored water for initial fire suppression,
operation of sprinkler systems (if applicable) and wild land fire
protection.
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 Gar{ield County Sheriff's Office within
24 hours of the occurrence.
All required Access Permits shall be obtained from the Garfield
County Road and Bridge Department or the Colorado Depaftment of
Transportation.
The Garfield County Sheriff's Otfice 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
workei is housed at the Minor 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 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 ApplicanUOperator mustl
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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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 ol 75
lallons of wastewater generation per person per day, then
i'he 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 (lsDS): lf an lsDS is
proposed or hai been approved, then it shall be designed,
insialled and operated to accommodate the maximum number of
persons who will inf'aOit tne ftni"ot Facility and shall otherw.ise be
operated in accordance with the Garfield County [SD^S regulations
as contained in BOCC Resolution Number 1994H-136'
(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).
lnspection: The BOCC reserves the right to inspect any Minor Facility,
inciuding structures and infrastructure and any other related
improvehents, and/or 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 S.Ob.OZ; 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
aoce Hesolution 1994H-136). Any official performing an inspection
snatt aniCe by all laws of search and seizure, as set forth by federal
and state stitutory and constitutional provisions, in _.accessing the
Minor Facility, the Permitted Site and the subject lot. Visits to a Minor
f.acility try a tire protection district or the GarJield County Sheriff's
Officewill be reported to the Director.
Permit Revocation: All enforcement actions run with Minor Permits for
individual Minor Facilities and are not applied to AWDP's. lf it is found,
consistent with the procedure identified in Section 9'01.06, that the
permitted Minor Facility was not installed in conformance with or is out
of conformance witl'L any of the standards established in this
Resolution, applicable building and/or fire codes or specific conditions
of the Minor irermit, 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
B.
C.
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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 (1a) calendar days
following the date of revocation. Proof of removal shall be provided to
the Building and Planning Department by 5:00 PM on the fourteenth
(14) calendar day. Such proof shall be in the form of photo
documentation signed and dated by the Compliance Officer.
D. Effect of a Revoked Permit: A revoked Minor Permit shall not be
renewed, and a request for approval of a Minor Facility at the same
location shall be processed as a new application.
E. Liability: Owner of the subject lot and the Operator of the Minor
Facility are each individually responsible for compliance with the
regulations contained in this Zoning Resolution and, specifically,
Section 5.02.22.
F. Three (3) Revoked Permits: Upon revocation of three (3) Minor
Permits, the Building and Planning Director shall refer the fourth (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 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 3.01 'N!,3.02 A/F/BD,3.03 RLSD,3.O4 RLUD; 3.05 RGSD,3.06 RGUD,3.07 CL,
3.08 CG, 3 0g OS, 3.10 RL, 3.11 R/MHIG/UD,3.12 Ll, 3.13 pA, 3.14 DWC, 3.15 CDWC
Def initions. '' ,1., ,,,, .
,'
"t a..
2.02.51 2 Temporarv Emolovee Housinq Facilitv(ies):
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 lhe
proposed beds are occupied at any given time on a "Permitted Site", as defined
in section 2.02.421;
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Minor Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02 rrD$fl+
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 otherwise meet the
requirements of Section S.02.21and Section 5.O2.22.
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 22lor 231 of this Zoning Resolution.
2.02.421 Permitted Site:
A parcel of land, generally a portion of a lot, as defined in Section 2.O2.g2designated
for a commercial, industrial, mineral extraction or highway operation for which a frederal
or state permit is issued. To meet the definition of "Permitted Site", such permit mustgrant 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.
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Major Permit - (Contain 25 or more beds)
5.02.21 Special Use Permits for Major Temporary Employee Housing Facilities ("Major
Permif'):
(1) At times of severe housing shortage, 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.
42-1-102 (106) (b)l andior 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 quarters and not recreational purposesl
may be granted for projects within GarJield County related to 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 all housing structures and associated
infrastructure shall be removed. Review of the permit shall be subject to $9.03
and g5.03 of the GarJield County Zoning Regulations 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
m?"Yl,i",'"iX"*'H:,#3,'3.3i,'ffi:?ilt
the permitted s*e ror
C. The Major. Facility shall contain twenty five (25) beds or more to
ffi :?I#"i"1;""#li"",Hif ",lil':[",""J.::';::Tffi Y]':lJi?
the 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 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 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,
EXHIBITr Major Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02.21
DRAFT
David Pesnichak Page I 11t812007
Major Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 102.21
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 Garfield County Board of Health, an
lsDS 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 County Board of Health, year-
round access is available and maintained for safe and regular access
for sewage hauling vehicles. ln addition, the following conditions must
be met:
a. The applicant must demonstrate and guarantee an
arrangement for hauling sewage; and
b. The applicant must maintain all records including but not
limited to trip logs/reports and 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 ol 75
i,i'ffi ,,?,lHT,n:*;r":11':X,BilJ"J::[5?i,*iL'li!
wastewater service shall not be permitted for any -facility
which will generate a total of 2000 gallons of wastewater and
(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 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 water samples specific for coli form. Any tests indicating coli form
contamination must be disclosed to the Garfield 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 Major Permit public hearing and
maintain continuous conformance to state regulations at all times during
operation of the Major Facility.
David Pesnichak Page 2 11/8t2001
Major Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, t*,,""
33rO_r+
(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 Perrnit 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 lengrth 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 well as all
conditions of the permit. A permit may be revoked anytime through a public
hearing called up by staff or the Board of County 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 lenewal. 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 of the 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 andior 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
David Pesnichak Page 3 1t/8/2007
Major Temporary Employee Housing Regulations
Zoning Resolution of 1978 as Amended, Section 5.02.21
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 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 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 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 alarms shall be placed in each
manufactured home or recreational vehicle unit'
(B) Wildlife-proof refuse containers must be provided for trash. At least one thirly
(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 metal or 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.
(D) The applicant shall provide a detailed map and GPS coordinates to the
Gariietd 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 acceising 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 GarJield County Sheriff's Office and relevant Fire
Protection District.
(7) lf structures, requiring Building Permits under the Garfield 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.
David Pesnichak Page 4 11/8/2007
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(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 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 sr suspension of said
permit, in accordance with Section S9.01.06.
(9) lf there is suitable permanent housing inventory available in an area near the
commercial, industrial, highway project or mineral extraction operation, as
determined at the discretion of the BOCC, the Special Use Permit for Major
Temporary Employee Housing Facilities shall not be granted.
(1O)No animals shall be allowed at Major Temporary Employee Housing Facilities on
Location sites.
(11) ln evaluating a request for a Special Use Permit for Major Temporary Employee
Housing Facilities, the County Commissioners may require compliance with
additional conditions of approval as may be needed to ensure the health, safety
and welfare of the public. (A.81-263)
(12)The applicant shall submit as part of the Special Use Permit for Major Temporary
Employee Housing Facilities, a reclamation and revegetation plan for each
specific site addressing all points 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 infrastructure, water storage
and related distribution infrastructure, roads, and other sand, plastic, gravel,
pipe and cable shall be removed. All pits, cellars, and othei 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. Culverts and any other obstructions that
were part of the access road(s) shall be removed. Upon closure of a camp
facility, wastewater tanks shall be completely pumped out and either crushed
in place, punctured and filled with inert materiai 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
Gadield 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
David Pesnichak Page 5 11/8/2007
Major Temporary Employee Housing Begulations
Zoning Resolution of 1978 as Amended, Section 5.0221
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{ive 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 sudace owner as to what seed mix should be
used, the applicant shall consult with a representative of the local soil
conseruation 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 {iee 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 per{ormed as per 11(c)(1) of this
section, and observation by the Director or designee over two 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, 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
David Pesnichak Page 6 1U8/2007
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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 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
appr6ved by the Garfield County Vegetation Management Department. The
security shall be held by Garfield County until vegetation has been successfully
reestablished according to tne standards in the Garlield County Vegetation
Management Plan adopted by resolution No. 2002-94, as amended.
Definitions:
2.02.51 2 Temporarv Emplovee Housino Facilitv(ies):
The use, during times of housing shortage, of manufactured homes and/or recreational
vehicles as removable housing, utitizeO 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 occupled at any given time on a "Permitted Site", as defined
in section 2.A2.421;
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 p_eriod of time-longer than one-year; or otherwise meet the
requirements of Section 5.02.21and Section 5.02.22-
Such facilities are subject to land use approval by means of either an administrative
process or a pub,liC hearinE:ploC€SS, under the circumstances, standards and
iequirements contained in Sections 5.05.21 ,22 or 23 of 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
foi a commercial,lndustrial, 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 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 Page 7 11t8t2001
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Temporary Housing Building Code Regulations
Garfield CountY
The items listed below are only a partial list of building code requirements' All suppliers
of these units need to have a design professional review their proposed plans for code
compliance.
o Temporary housing is Residential Group R occupancies under the 2003 IBC
(Inteinational Building Code). They would fit into the R-2 category under
dormitory use. R-2 occupancy assumes the occupants ale primarily permanent in
nature. If the units were set up more as a transient one night stand length of stay
they would be R-1 occupancy.
o All modular housing units must have a Blue or Silver Seal from the Colorado
Division of Housing. As per the State, the Silver Seal is for an IBC apartments or
an IRC (International Residential code) fishing cabin type of occupancy'. The
County could require these buildings to meet the IBC R-2 requirements since the
approved State pians certification (hshing cabin or apartment) is for a use different
from the end usi as a man camp (IBC dormitory). The State approved plans always
designate an approved occupancy. Ifthe occupancy changes or ifthe units are
modified, tt. UuitAing is no longer under the current factory built program and the
local jurisdiction has authority to accept, deny or require retrofits'
o used UBC units for use as man camps would not comply with the current State
codes and would fall under the locallurisdiction for acceptance, denial or modified
use.
o HUD units are strictly single family use only. As per State and HUD, these units
are not dormitories ai pertodd Anderson, CDOH and Rick Mendlen, HUD
202.101-6423.
o Fire suppressant sprinkler systems are required for all R occupancies as per 2003
IBC. Garco did amend this requirement not to require a sprinkler system for R-3
occupancies and Boarding Houses. The intent of this amendment was not to require
someone modifying a house to turn it into a Bed and Breakfast to have a sprinkler
system. This amendment does not exclude man camps from needing a sprinkler
system as per County requirements.
o CDOH does not require a sprinkler system with a Silver Seal for units they have
certified as R-3 with 5 or less occupints. They are more of a fishing cabin idea
being used as a man camp. Garco would have to amend our amendment to include
Dormitories with 5 or less people to match the State's lead in this area. We also
have the option to require a sprinkler system'
o Anything built on site attached to the outside of the modular units would be under
the direct requirements of the County building codes. Also local requirements of
EXHIBIT
/_
T,bI
wind speed, snow load, seismic, and frost depth would need to be met for all
modular units and site built construction.
o Other code sections that could apply are Sec 708. Fire partition is required between
sleeping units. See Exp. 2 would require Vzhr separation. Doors would need to be
20min rated Table 715.
. Individual buildings Type VB construction would need to be a minimum of 20ft.
apart unless exteriors walls of the units were fire rated. See Table 602.
o Section 503.1.3 Buildings on the same lot may apply based on a review of the site
plan.
o There are many other building code requirements associated with man camps. The
above is only a partial list of requirements. All the suppliers of these units need to
have a design professional review their plans for building code compliance. The
State laws require any structure with an occupancy over 10 to be sealed by a
Colorado registered design professional
David Pesnichak
From: Fred Jarman
Sent: Monday, January 28,2008 12"34 PM
To: Larry McCown; larryanddeemccown; John Martin; Tresi Houpt
Cc: David Pesnichak;Andy Schwaller; Carolyn Dahlgren
Subject: FW: Temp Emp Housing - emailto Larry
Hello Larry and welcome back! Hope you had a great trip with lots of R&R'
we have had a chance to look over the emails you forwarded over between you and Doug
regarding the draft ierporrry Emptoyee Housing. regulations' Please see our thoughts and
comments on what we see as the ,rin points w'lihin-tnis email chain: (NorE: This is a
deriberative documeni unress the Boci decides to make it pubric.) Please see below and let
me know if you have any questions that we can answer'
l.lncreasethenumberofindividualsallowedataUse-by.Rightfacilityfrom.stga.-
Ihis is not that great of a change from our perspective and we-do nof see a maior issue
here.As was noted at the tast'nlatring, the're is no hard science to back up where a.
population of peopte creates an-niiit inich-clearly warrants I m,ore thorough review
process. /f ,s 5i#; opinion that th'e change from six individuals at a site to eight
individuals at a site is not a sigiiiicant defiarture from sfarfs original analysis or the
Pt an n i n g Co mmi ssions discussions'
2. change the language from."Beds" to "People". - The primay purposes for language
that identifie;;;p;Ary based ii;ieas" rathei then "peopie" is.for enforcement and
determination of carrying capacity. with so many pe'opl6 cltmin,g and going from any of
fhese wetl pads on a daity basis ior various reasons, the County is already at a
disadvantage to being able to iriaicg,tty enforce the pe_rmitted s.iz.e of these facilities'
Whereas countingbeds is nof a perfect prac.tige, if ii Staffs opilon that counting beds is
a more legitimate and fool-proof hethod'to determining the ol.-1,-t9. carrying capacity of the
camp than permitting base_d oi ';people". lven..yitn a iite visit, if the facili$ is permitted
with language identifying "p"ip6';;;nL, !!r"L "beds", a clear-determination of compliance
witt be much more diffrcult to determine. Further, one of Sfafls responsibrTrTies is as
guardians of theprocess. sinciinie number of peopte living at th9 facility is a pimary
driver for determining whethrrzi ipptication is reiiewea oy stan or the BOC2, if we do
not have a reliable means of determ'ining the carrying..capyi.ty olthe camp' then we.are
not abte to iftiqiutety administer theprbryrss pr6s"iinea in the Zoning Resolution' ,lf the
Boccchooses to administer ie it"l-oy-nigni, Administrative Permit and special u.se
permitprocess based on " ,"priiit"i nuiO", of people,..the1 Slaff recommends that
the facitity be ctearly signed at tne entranceway to ine iacitity similar to that used in public
gathering Places.
3. Keep the Area wide Development Plan.(AVYDP).optio1' - th9." staff originally drafted
this option, we donof see ,ri'iiio, nrgotlyt xeefiing-n. our feg.ting here, which is why we
'piropo,sed
reioving it in Novemoer, ii that from-a staff perspective it is one more process
and set of frtes to maintain. siiii ini iiietus for creating the AWDP was to streamline
the adminisriitive permit wneln-ie iere'working with 1 twoaig.r process (no Use-By'
Right), it is- oii redting that the A,WDP witl not b-e used very often and could create
Page 1 of7
EXHIBIT
fl.o
-coog
y2812008
PageZ ofl
increased confusion in the planning office. lt is anticipated that the maiority of the facilities
witt be permifted under the use-By-Right with Performance Standards and far fewer
facilities will require an Administrative Permit, which is the only tier where the AWDP is
applicable.
Remove the option to utilize RVs. - Sfaffdoes not see a problem with prohibiting RV's.
Our headaches so far have been over trying to accommodate Ry's. ln the end, itis Sfaffs
opinion that prohibiting RV's wilt be better for the environment and make enforcement
more straight forward.
Adding in Gounty approved tand for the Administrative Process. - Staff concurs with
the poiition that atlowing Temporary Employee Housing facilities as an administrative
permit on a previously approved County SUP srfe does not make much sense since the'Appticant
witl have needed to obtain an SIJP anway. So, tn the end, the Applicant is not
realty gaining anything here and for the very few times this may be applicable, it is not
worth making the Zoning Resolution more complicated.
lnspections of Use-by-Right and Administrative Permit facilities. - Sfaffsees fhts is
the biggest hurdte to overcome at the February hearing. There are generally two
obsfaifus here: (1) The Chief Buitding Official must ceftify all Certificates of Occupancy;
and (2) ln reality, there is a big leap between a "Rural Remote Cabin" and a "Temporary
Employee Housing Facility". See below for further explanation:
1.The Buitding Code allows for inspections by an "approved' individual (lndividual is to
be approved by the County Building Official) other then a County Building lnspector.
However, for the Chief Buitding Official to be able to sign off on the Certificate of
Occupancy, at least the Final inspection must be conducted by a County Building
lnspector. This finat inspection conducted by a County Building lnspector is
necessary for safety and welfare reasons as well as liability reasons for Gartieb
County.
A "Rural Remote Cabin" does not need a building permit under the current Building
Code. However, the intention of these cabins is that they are only occupied
periodicatty and for short periods of time for recreational purposes. Further, the
expeience one of these cabins ls fo be rustic and closer to camping then to a home
or dormitory in town. Many if not most of the Temporary Employee Housing facilities
are occupied fult-time by many individuals gathered there for commercial gain.
Fufther, most of these facilities which have been permifted to date have onsite
showers, laundry, catered food seruice, electricity, running water, heat, air
conditioning and flushing toilets. So, rT is Sfaffs interpretation that compaing a
"Rural Remote Cabin" is not akin to a "Temporary Employee Housing" facility. As a
result, in order to justify reduced building permit requirements or no building permit
requirements for "Temporary Employee Housing" facilities will require new reasoning
which is not currently contemplated in the Building Code.
Although it is not clear from the email chain below, Staff would like to point out that only the
BOCC can issue a Special Use Permit by way of a Public Hearing. Staff is qtly able to issue
Administrative Permits.
Also, following further review of building code requirements for the units anticipated to be
placed on theie sites, it is clear that these units are classified as "factory-built non-residential
structures" as included in Resolution 35 of the State Housing Board and included in Section 24'
4.
5.
2.
U2812008
Page 3 of7
32-3301 of the Division of Housing Statutes. As a result, Staff is looking to propose a change to
the draft Temporary Employee Housing regulations to try to clarify that the units to be placed on
these sites are not classified as "manufactured homes", but rather "factory-built non-residential
structures". An updated definition is also likely to be proposed based on Resolution 35 and
Section 34-32-3301. The hope is that this will help clarify what these structures are in the eyes
of the building code and maintain language consistency between the building code, State
requirements and the Zoning Resolution.
Thanks,
Fred
luryyv. g a rfi e Ld:se! nly- com
From: Fred Jarman
Sent: Wednesday, January 09,2008 10:10 AM
To: David Pesnichak
Subject: FW: Temporary Employee Housing Regulations
Dave,
Take a look and let's discuss...
From: larryanddeemccown@starband.net [mailto:larryanddeemccown@starband.net]
Sent: Wednesday, January 09, 2008 9:12 AM
To: Fred Jarman
Subject: FW: Temporary Employee Housing Regulations
Let me know your thought I think this is as close to workable as we will get.
From: Doug Dennison Imailto:dougdennison@cordcomp.com]
Sent: Wednesday, January 09, 2008 9:09 AM
To: larryanddeemccown@starband.net
Subject: RE: Temporary Employee Housing Regulations
I have checked with the primary industry players I am dealing with, and they all think this would be workable.
Some of the companies would probably choose to go the area plan route but others may submit them one at a
time. But, again, if the process is administrative and does not have to go the full BOCC hearing route, it is still an
improvement over what we have now. l'm assuming that the inspections can be delegated to an appropriate
professional(e.g.,aPE)astheycurrentlyare. lfso, lguessl'll havetoseeifwecanhireafewmorePE'stodo
inspectionsl Thanks.
Doug Dennison
Associate Geologist
Cordilleran Compliance Services, lnc.
d sugdennrsen @pO rd comp, com
97 0-263-7800, ext. 20 1 6
Fax 970-263-7456
Cell970-270-2853
From: larryanddeemccown@starband.net Imailto:larryanddeemccown@starband.net]
U28/2008
Page 4 of7
Sent: Wednesday, January 09, 2008 8:55 AM
To: Doug Dennison
Subject: RE: Temporary Employee Housing Regulations
I would agree but we still have to deal with the permiUinspection issue I talked about yesterday any time the count
issues a permit the county has to inspect.. Those area wide plans like EnCanna did make a lot of sense to me but I
don't know how cumbersome they are to industry.
From : Doug Dennison Imailto:dougdennison@cordcomp,com]
Sent: Wednesday, January 09, 2008 B:49 AM
To: larryanddeemccown@starband. net
Subject: RE: Temporary Employee Housing Regulations
I think so. The biggest concern with the full-blown SUP process has always been the time it takes to get through it
and the uncertainty of the timing associated with getting on the BOCC agenda, etc. lf the time can be shortened by
going administrative, then I think if will fly. I would also plan to include the area-wide development plan as an
option which ultimately should shorten the time for individual locations even more. The only question would be
whether the building permit requirements, COs, etc. would apply to both the administrative and the full-blown SUP
processes. The trailer types, time on each individual site, etc. would be the same for the use-by-right and the
administrative, so I would hope that we could still go with the 3rd-party or self certification of the installation for both
of these scenarios. Thanks.
Doug Dennison
Associate Geologist
Cordilleran Compliance Services, lnc.
d g u g d e n nj sqn @cord c alnp..c q m
97 0-263-7 800, ext. 201 6
Fax970-263-7456
Cell 970-270-2853
From: larryanddeemccown@starband.net Imailto:larryanddeemccown@starband.net]
Sent: Wednesday, January 09, 2008 B:39 AM
To: Doug Dennison
Subject: RE: Temporary Employee Housing Regulations
I definitely feel it worth persuing the only one I'm even remotely concerned about is #2. Like I explained yesterday
that is still an SUP but hopefully only with Admin review. Are we still ok with that?
From: Doug Dennison [mailto:dougdennison@cordcomp.com]
Sent: Wednesday, January 09, 2008 7:46 AM
To: larryanddeemccown@starband. net
Subject: RE: Temporary Employee Housing Regulations
Understood. How about keeping it as simple as possible with 3 tiers -
1. Use-by-right: up to 8 people on a COGCC/BLM approved wellsite2. Administrative: 9-24 people on a COGCC/BLM approved well site3. SUP: 25+ people or for anything proposed that is not on a well site or will be in place for more than a
year
I don't think that there would be too much call for anything less than 25 people on a county-approved site, so it's
probably OK to leave that under the SUP process. The situations like this that are currently being contemplated all
U2812008
Page 5 of7
involve establishing 25+ person camps on sites previously approved via CUPs or SUPs, so they would require an
SUP anyway. lf you think this is worth pursuing, then l'll rework the draft rules and send them to you ASAP.
Doug Dennison
Associate Geologist
Cordilleran Compliance Services, lnc.
d lug d€nois on@ qordeanp-cq m
970-263-7800, ext. 2016
Fax970-263-7456
Cell970-270-2853
_--]
From: larryanddeemccown@starband.net [mailto:larryanddeemccown@starband.net]
Sent: Tuesday, January 08, 2008 4:51 PM
To: Doug Dennison
Subject: RE: Temporary Employee Housing Regulations
I don't think we are talking apples and apples. l'm afraid anything over 8 (9-50) at any location,
for anything , and for anyone will have to have an SUP. The only thing we may be able to get
approved is those instances where they are located on well pads and are from 9-24 reviewed
by staff but none the less they would have to be a SUP. The level of review is really the only
improvement not having to be scheduled in front of the BOCC. I don't think Amy's idea would
work because it would be a change to the existing SUP and that too takes some type of review
and permit to change an existing SUP.
: Tuesday, January 08, 2008 4:24 PM
To: larryanddeemccown@starband. net
Subject: RE: Temporary Employee Housing Regulations
That was kind of what I expected, so I have already prepped the industry folks that we would likely have to do up to
8 as use-by-right, 9-24 as administrative review , and >25 as an SUP. This is still a vast improvement over what we
currentlyhaveandwhatthestaffwasproposing. Thecurrentregulationsandstaffproposalsincludedthestateor
federally permitted parcel language but I added the county language based on some of the discussion at the last
BOCC meeting. Amy had discussed their desire for putting some temporary housing on a location where the
county has required financial assurance for revegetation/reclamation and it was my impression that this approach
might be acceptable. ln reality, I don't think it would ever apply to the use-by-right scenario and would rarely apply
to the administrative review scenario, so if you're not comfortable with that language, it shouldn't be a deal-stopper
to remove it. The only other argument I could see for including the county language is if there might be an
application for this kind of housing on county-permitted parcels that would apply to industries other than oil and
gas. Thanks.
Doug Dennison
Associate Geologist
Cordilleran Compliance Services, lnc.
do qgden n ison @eqdaaCIp €qm
970-263-7800, ext. 2016
Fax970-263-7456
Cell970-270-2853
t/28/2008
Page 6 of7
From: larryanddeemccown@starband.net Imailto:larryanddeemccown@starband.net]
Sent: Tuesday, January 08, 2008 4:13 PM
To: Doug Dennison
Subject: RE: Temporary Employee Housing Regulations
There is no way I can sell the number over 8 as a use by right no matter where the location may be. I could
certainly support those being reviewed Administratively g-24located on well pads with the other conditions. There
is no provision for an administrative permit it would be a SUP with staff or Admin review only. Remember what I
told you about any permit being issued requires the inspection process. I really don't know how much more we can
streamline the process other than Admin review no public hearings. That will be a stretch to get approved. l'm a
little concerned with the verbiage in number 1 under the use by right with performance standirds section. My
thought was for State approved well pads only. How would yours apply??
From : Doug Dennison Imailto:dougdennison@cordcomp.com]
Sent: Monday, January 07, 2008 11:30 AM
To: larryanddeemccown@starband.net
Subject: Temporary Employee Housing Regulations
Larry,
I am in the process of pulling together a draft of the temporary employee housing regulations but wanted to get
your input on the basic parameters before getting in too deep. What would you inin[ about the following tierl ofpermitting -
USe-Oy.61ght with PerformerrceStandards
Would only apply where the facility will be within the confines of a county, state or federally permitted
parcel where reclamation and revegetation are secured by some sort of financial assurance and where
the facility will only be located on the site for less than one year.
Up to 8 people would be allowed in all zone districts, except R/L-Plateau where up lo 24 people
would be allowed as long as the conditions above have been met. The thinking is inat the normal
drilling operations at the higher elevations routinely require that more people livL onsite than is
required in most of the other zone districts.
_The operatolwoyld provide notification of the establishment of the housing to the Planning
Department, Fire District, and SO.
Either 3rd-party or self-certification by qualified personnel of the installation and operation would be
conducted.
The performance standards would be very similar to what was proposed by staff in November and
inspection and enforcement by the County would be allowed.
Admjntstrative Permfi
1.
3.
4.
5.
o.
1.
2.
3.
4.
Same location and timing conditions outlined in ltem ''l under use-by-right would apply.
This process would only apply for the 9-24 person range in all zone districts other'than R/L-plateau.
The area-wide development plan option would still be allowed.
_The operator would provide notification of the establishment of the housing to the Planning
Department, Fire District, and SO.
Either 3rd-party or self-certiflcation by qualified personnel of the installation and operation would be
conducted.
The performance standards would be very similar to what was proposed by staff in November and
inspection and enforcement by the County would be allowed.
The process and performance standards would be the same as proposed by staff, except it would
apply to 25 or more people, not 25 or more beds.
Consistent with our previous discussions, I would try to deal with the building permit issue by specifying that all
housing be certified by the Division of Housing and that no RVs could be useo. There nevei has beenln
U2812008
2.
1.
PageT of7
argument from industry regarding requiring building permits for the housing covered by an SUP under the theory
that this housing will be more permanent in nature.
Let me know what you think. Thanks.
Doug Dennison
Associate Geologist
Cordilleran Compliance Services, lnc.
d o u g deonlsp n @ cotdcannp.sam
970-263-7800, ext. 2016
Fax970-263-7456
Cell 970-270-2853
U2812008