HomeMy WebLinkAboutJanuary 29 Work Session - MemoBoard of County Commissioners - Special Meeting Exhibits
Gravel and Mining Text Amendments
January 29,2020
Exhibit #Exhibit Description
1 Staff Memorandum
2 Article 7 - Land Use and Development Code Excerpts for lndustrial,
Gravel and Mini Standards
3 Article 14 - Land Use and Development Code Excerpts for 1041
ulations
Gørfteld Coulnty
TO
MEMORANDUM
FROM:
DATE:
SUBJECT:
Background
Garfield County Board of County Commissioners
Sheryl Bower, AICP, Community Development Director
Glenn Hartmann, Principal Planner
Patrick Waller, AICP, Senior Planner
January 29,2O2O
Text Amendments for Gravel and Mining
On November l-8, 20L9, the Board of County Commissioners adopted a six-month moratorium
on new or amended applications for gravel and mining extraction in Garfield County (Resolution
2019-58). The Resolution describes the Purpose of the Moratorium as cited below:
2. Purpose. The purpose of this Morotorium is to provide the Commission with proper tools
to protect the public health, sofety ond welfore of the residents of Garfield County ond to
protect natural resources, environmentolly sensitive londs, and to conserve and preserve
the chørocter of the County.
Additionally, as part of the Moratorium Resolution, the BOCC directed Staff to review existing
Land Use and Development Code regulations regarding gravel and mining extraction uses,
Since that date, Staff has reviewed the gravel and mining regulations of a variety of other
Colorado jurisdictions as well as the existing Garfield County Land Use Code. Staff has also
worked with consultant Barbara Green, an attorney specializing in Environmental and Land Use
regulations. This review and collaboration identified multiple opportunities to amend and
improve the existing code to appropriately regulate the identified industries consistent with the
intent of the Moratorium.
1.
Regulatory Framework
Currently the Land Use and Development Code regulates Mining and Gravel uses through the
existing code framework. This means that both uses are subject to the standards in Division 1, 2,
and 3 of Article 7, as well as lndustrial and Use-Specific Standards. Review Processes and
Submittal Requirements are identified in Article 4 and the Use Table is identified ¡f Art¡cle 3 of
the Land Use Code.
Depending on the zone district, Gravel and Mining permits would require either a Major or
Limited lmpact review. The most significant difference between the two, is that a Limited lmpact
goes straight to the Board of County Commissioners for decision, while a Major lmpact goes to
the Planning Commission first. An excerpt from the Use Table highlighting the level of review is
below:
Toble 3-403 Excerpt
The Gravel use specific section (7-LOO2\ was subject to a major overhaul a few years back and
includes significantty more use specific standards than the Mining section (7-1003). The current
gravel section addresses items such as: Water Quality, Air Quality, Noise/Vibration, Visual
Mitigation, lmpacts to the County Road System, Compatibility, Revegetation, Reclamation, and
Enforcement. The mining section is significantly shorter and only addresses Roads, Routing, and
Emergency Preparedness.
Staffs research indicates that another applicable section of the Code is the existing L041 Section
(Chapter 14 of the current Land Use Code). L041 Powers are derived from State Statute and allow
localjurisdictions to regulate Areas and Activities of State Interest. This can include the regulation
of Mineral Resource Areas. The regulation can be applicable to uses on private property and
federal property.
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Residential
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Nanresidential
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Resource Land
Zone Districts
The 104L Section of the Land Use Code functions as a stand-alone code section, covering process,
criteria, and submittal requirements. The existing I04t regulations include specific levels of
review, depending on prescribed thresholds. lt is possible for an application to be processed as
either a Finding of No Significant lmpact, a Minor Permit Review Process, or as a Major Permit
Review Process. Specific Submittal Requirements are identified and waiver from this section are
permitted with a decision bythe Director as referenced in Sections L4-301, 14-302, and 14-303.
Garfield County has already adopted L041 Regulations for the following "Areas and Activities of
State lnterest":
So¡tinn'lA.1O1 A. Areas nf Çtate lntprpct-
1. Areas around Airports and Heliports. Specifically, the outer extremities of the lmaginary
Surfaces for the Airport or Heliport, including all lands, water, airspace, or portions
thereof which are located within this boundary. lf the Noise lmpact Boundary extends
beyond the outer extremities of the lmaginary Surfaces, the lmaginary Surfaces shall be
extended to incorporate the Noise lmpact Boundary for purposes of this Article.
2. Areas around Rapid or Mass Transit Facilities, Terminals, Stations, or fixed guideways.
Section L4-L03 B. Activities of State lnterest.
L. Efficient utilization of municipal and industrial water projects.
2. Site Selection and development of Solid Waste Disposal Sites except those sites specified
in C.R.S. S 25-LL-203(1), sites designated pursuant to Part 3 of Art¡cle 11 of Title 25, C.R.S.,
and hazardous waste disposal sites, as defined in C.R,S. 5 25-15-200.3.
3. Site Selection and construction of major new domestic water and sewage treatment
systems and major extension of existing domestic water and sewage treatment systems'
4. Site Selection and construction for Arterial Highways, lnterchanges, and Collector
Highways.
5. Site Selection and construction for Rapid or Mass Transit Terminals, Stations, or
guideways.
6. Site Selection for public Airport or Heliport location or expansion.
Possible Text Amendments
Staff has identified and continues to research the following as possible topics to be addressed by
Land Use Code Text Amendments and Regulations:
Scale & Timing of Grøvel Permits
3
The current Code only has one type of gravel pit designation. lt does not differentiate based on
scale or length of use. ln some instances, other jurisdictions have created a distinction' Mostly,
this appears to allow for the creation of "borrow pits". These pits are often temporary in nature
and associated with a specific project (i.e. road construction project). The pits are reviewed and
approved by the State of Colorado.
Definitions
The definition for Mining and Gravel Pits both direct back to the definition of "Extraction", That
definition states:
To draw out or forth; hence to derive as if by drawing out; removal of physical matter in
a solid or liquid state from its naturally occurring location; the initial step in utilization of
a natural resource. Examples include shale and coal mines, gravel pits, and timber cutting.
W¡th the text amendment process there is an opportunity to use the definition to provide further
clarity and differentiation between the two uses. Each use as identified in the Use Table should
have its own definition.
Grading Permits
Staff has identified a potential issue with the use of grading permits for the storage of material
on property. ln certain instances, a property owner is taking substantial fill material onto their
property and undertaking significant grading operations. Currently, this activity falls under a
grading permit, however, because of the substantial impact to roads and County residents, it is
Staffs opinion that a Land Use Change process may be appropriate. This could be accomplished
by amendments to the Definition section'
Rood lmpoct Fees
The current Road lmpact Fee regulation charges based on Building square footage. This does not
capture development that generates significant traffic, but that does not require a building. A
potential change to the Code would allow the County to better address uses that have significant
impact to County roads. Changing lmpact Fee regulations can require justification reports and
significant public input. Because of the limited timeframe associated with the Moratorium, Staff
does not anticipate bringing a Text Amendment forward as part of this process, but the issue has
been identified for future deliberation.
l04L Regulations
Based on the review of Garfield County Regulations, other jurisdiction regulations, and in
discussion the consultant, Staff has identified 1041 Regulations as an effective option to regulate
Mining within Garfield County. The County has already adopted L041- regulations for a variety of
Areas and Activities of State lnterest and so, the framework for the regulations already exists
4
within the Code. lf a 1041 process were adopted by the County specific to mining, the use could
be addressed by the designation of Mineral Resource Areas.
Staff has identified the following reasons that 104L could be an effective regulatory tool.
1. The 1041 Section of the Land Use Code functions as a self-contained chapter. Submittal
Requirements, Processes, and Review Criteria are already identified within the chapter'
This makes it easier for Staff, the Applicant, and the Public to understand what will be
required in a 104L Review process.
Z. The Section already exists in the Code. The addition of a new Area and Activity of State
lnterest can be put into the existing framework. While Staff does anticipate some
additional refinements to the 1041 section, the bulk of the process and requirements is
already in place.
3. 1041 gives the County additional tools to address larger impacts that can be associated
with large-scale mining projects. The current Land Use Code has an lmpact Analysis
section that is a required submittal item for Limited lmpact and Major lmpact reviews.
This section requires the applicant to address the items in that section. The 1041
Regulations identify additional submittal requirements including a Socioeconomic lmpact
Analysis, Description of Technical and Financial Feasibility of the Project, and
Environmental lmpacts - that address Air Quality, Visual Quality, Surface Water Quality,
Groundwater Quality, Water Quantity Floodplains, Wetlands, Riparian areas, Aquatic
Animals and Habitat, Terrestrial Plan Life, Soils, Geological Conditions, and Natural
Hazards. Of note, the existing regulations do allow for the Director to waive any submittal
criteria that is not applicable to a project.
The Review Criteria addresses items that are not included in other Sections of the Land
Use Code including criteria related to the financial burden on the County, Effects on the
Economy, maintenance of Recreational Experience, Best Alternatives, and finding of the
Benefits Versus Loss of Resources. The Regulations also allow for additional use-specific
standards to be included.
4. Different tiers of process are available. Garfield County's 1041 Regulations already has a
tiered review process. Within a "reasonable time following the pre-application meeting
and submittals" the Director shall make the initial determination of the appropriate level
of review. This can include a Finding of No Significant lmpact (FONSI), a Minor Permit
Review, or a Major Permit Review. The one time that Garfield County has used its 1041
powers, was for the West Parachute lnterchange. At that time it was determined that the
project fell in to the Finding of No Significant lmpact category'
5
Barbara Green, the consultant hired to help w¡th proposed Text Amendments, will be available
and make a presentation at the Special Meeting to provide additional details and answer specific
questions regarding the implementation of 1O4L Regulations.
Continue to Regulate Gravel in the Existing Code Framework.
The gravel specific section of the Land Use and Development Code is more comprehensive than
the mining specific regulations and addresses a variety of topics including: Water Quality, Air
euality, Noise/Vibration, Visual Mitigation, lmpacts to the County Road System, Compatibility,
Revegetation, Reclamation, and Enforcement. Applications have been processed using the
existing Code framework and the regulations appear to be functioning. The existing gravel
regulations were created as part of an extensive multi-year process that started in 2006 with
Code Amendments being adopted in 2008. Because of the short-term nature of the moratorium,
Staff anticipates providing additional Amendments for clarity and specificity, as part of the
regulation review but has identified that Land Use Change Permits for gravel extraction should
continue to be processed as it currently exists in the Code.
Staff Analysis
After a review of various approaches to regulote Mining ond Grovel uses, Stoff hos identified a
number of benefits to regulating Mining uses through L04L Regulations ond keeping the grovel
in the existing Code fromework, with additional amendments to the current section.
6
EXHIBIT
!o.og L
:7.905. CAMPGROUND/RECREATIONAL VEHICLE PARK'
All Recreational Vehicle spaces shall abut upon a driveway, graded for drainage, and
maintained in a rut- and dust-free condition, which provides unobstructed access to a public
right-of-way. The minimum unobstructed width of such driveways shall be 15 feet for 1-way
traffic or 25 feet for 2-way traffic. No parking shall be permitted on the driveways.
.1001. ¡N USE
These standards shall apply to all industrial uses:
A. ResidentialSubdivisions.
lndustrial uses shall not occupy a lot in a platted residential Subdivision.
B. Setbacks.
All activity associated with these uses shall be a minimum of 100 feet from an adjacent
residential property line, unless the use is on an industrially zoned property.
C. Goncealing and Screening.
When an industrial use is not located on an industrial zoned property, all storage,
Fabrication, service, and repair operations shall be conducted within an enclosed
building or have adequate provisions, based on location and topography, to conceal and
screen the facility and/or operations from adjacent property(s)'
D. Storing.
1. Materials shall be stored on the property in a form or manner that will not
be transferred off the property by any reasonably foreseeable natural
cause or force.
2. All products shall be stored in compliance with all national, State, and
local codes.
3. Shall be a minimum of 100 feet from an adjacent property line.
4. Petroleum and hazardous products shall be stored in an impervious spill
containment area(s).
E. IndustrialWastes.
All industrial wastes shall be disposed of in a manner consistent with Federal and State
statutes and requirements of CDPHE. Flammable or explosive solids or gases and
other hazardous materials including wastes shall be stored according to the
manufacturer's standards and shall comply with the national, State, and local fire codes
and written recommendations from the appropriate localfire protection district.
F. Noise.
Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25,
unless the use is regulated by the COGCC. ln this case, the use shall be subject to
COGCC rules in regard to noise abatement.
G. Ground Vibration.
Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line of the
proPertY.
H. Hours of Operation.
Any activity that will generate noise, odors, or glare beyond the property boundaries will
be conducted between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday, or
as approved by the decision-making authority'
7-47
DIVISION 10. ADDITIONAL STANDARDS FOR IND USTRIAL USES.
l. Intetference, Nuisance, or Hazard.
Every use shall be so operated that it does not emit heat, glare, radiation, or fumes that
subsiantially interfere with the existing use of adjoining property or that constitutes a
public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective
painting of storage tanks, or other legal requirements for safety or air pollution control
measures, shall be exempted from this provision.
7.1002. GRAVEL EXTRACT¡ON.
A. Water Quantity and Quality lmpacts/Floodplain lmpacts.
Every application for gravel extraction shall address the following:
1. No application shall be accepted by the County without a letter from the
applicable fire protection district stating that the proposed project has
been adequately designed to handle the storage of flammable or
explosive solids or gases and that the methods comply with the national,
State, and localfire codes.
2. No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces.
3. When the proposal is near a river or stream, the Applicant is required to
submit an analysis by a professional engineer showing the boundaries of
the Floodplain and the Floodway in the area of the pit.
4. All gravel extraction operations shall comply with the applicable standards
of section 3-301, Floodplain Overlay Regulations, and will be subject to
section 4-109, Development in 1OO-Year Floodplain.
a. ln all cases, there shall be no storage of fuel or hazardous
materials including concrete/asphalt Batch Plants within the
Floodway.
b. All applications shall provide a dewater/discharge plan that
provides a detailed graphic representation of how dewatering
operations shall occur. This plan shall demonstrate that the
discharge will not exceed State standards for discharge into a
water course or Wetland.
B. Air QualitY.
No application shall be approved until the Applicant submits evidence that uses shall
have current CDPHE air pollution permits and shall meet current CDPHE emissions
standards for air and water.
C. Noise/Vibration.
Gravel extraction operations shall be conducted in a manner such that the volume of
sound generated does not constitute a public nuisance or hazard. Gravel extraction
operatiıns shall comply with the standards set forth in C.R.S., Article 12,Title 25, except
as such standards are modified as follows:
1, An Applicant shall submit a noise study that demonstrates the proposed
gravel operation can meet the requirements in the matrix below based on
measuring the sound levels of noise radiating from a property line at a
distance of 25 feet or more beyond the subject property, except as
excluded for construction activities per C.R.S. ç 25-12-103 ef seg., that
allows up to 80 db(A).
7-48
2.The dB(A) threshold shown in Table 7-1002 shall be that of the receiver
and not that of the emitter. For example, while the gravel operation would
be considered an industrial operation, the dB(A) levels shown below are
measured according to the neighboring uses so that if a residential use
was located adjacent to the operation, sound levels could not exceed 55
dB(A) from 7:00 a.m.to 7:00 p.m. and 50 dB(A) from 7:01 p.m. to 6:59
a.m.
3. Every use shall be so operated that the ground vibration inherently and
recurrently generated is not perceptible without instruments at any point
of any boundary line of the property on which the use is located.
D. Visual Mitigation.
All applications for gravel extraction shall address the following:
1. All gravel operations proposed to mine areas greater than 30 acres shall
be ðesigned in multiple phases in order to minimize the visual impact of
the Gravel Pit primarily by logical "sequencing" and "overall layout" of the
pit's design
2. Screening, Berming and Buffering.
a. The operation shall be organized on the site to minimize impact on
adjacent land uses and protect established neighborhood
character through installation of screen fences, berming, andior
landscape materials, as well as by the location of access points,
lighting, and signage.
b. Visual screening shall be in place prior to the commencement of
the commercial mining activity of each phase. Site preparation
activity such as removal of overburden shall be allowed prior to
the construction of the visual screening if material will be used for
the creation of the necessary screening.
3. Unless otherwise determined by the BOCC, mining operations shall be
allowed to progress so long as the previous phases have been reclaimed
within 6 months after the commencement of the new phase. lf the
reclamation has not commenced in 6 months, or has not been completed
within 18 months, all mining operations on the property shall stop until the
reclamation/revegetation has occurred to the satisfaction of the County.
E.Gounty Road System.
1. All applications shall submit a Traffic lmpact Study consistent with section
4-203.L.
2. Any required improvements shall either be in place prior to or shall be
constructed in conjunction with the proposed use.
3. Truck traffic will not access the mining operation through residential or
commercial areas, or such traffic will be mitigated.
s0 dB(A)ss dB(A)Residential
60 dB(A)ss dB(A)Commercial
6s dB(A)70 dB(A)Lieht lndustrial
80 dB{A)7s dB(A)lndustrial
Table 7-1002: dB(A) Threshold per Neighboring Use
Use TamtoTpm TpmtoTam
7-49
4.
5.
Proposed haul routes from the extraction operation will be upgraded to
withstand the additional traffic, if determined by the Traffic Study or
recommended by the County Engineer, and the permittee will prevent
road damage and mitigate dust, under the supervision of the Road
Supervisor.
lf a driveway access permit is required by the County Road and Bridge
Department, Applicant must comply with all permit conditions. The owner
or operator of a gravel extraction operation is responsible for any damage
caused by the operation's traffic to a County Road. Repair or
replacement of road surface will be determined by the Road Supervisor.
F. Gompatibility with Surrounding Land Uses'
The proposed operation will be located so as to mitigate cumulative impacts to roads,
air, and water quality
G. Revegetation.
All revegetation efforts shall occur as part of phased reclamation. The Applicant shall
provide locations of County-listed noxious weeds on a map. Once the inventory is
provided, the Applicant shall develop a Weed Management Plan that addresses all
County-listed noxious weeds found on site. This Weed Management Plan shall be
submitted to the County Vegetation Manager for approval prior to the issuance of a Land
Use Change Permit
H. Reclamation.
All applicants shall submit a reclamation plan that complies with the standards of the
Colorado Division of Reclamation, Mining and Safety (CRMS) and meets the following
design criteria:
1. The Reclamation Plan approved by the County as part of the Land Use
Change Permit shall be resubmitted to the DRMS to become the only
reclamation plan (tasks/timetables) used by both the County and DRMS.
Additionally, a bond shall need to be calculated to cover this plan and
secured with DRMS to cover its implementation.
2.Wetland and Dryland Slopes. Wetland and Dryland Slopes are illustrated
in Figure 7-1002.
a,Wetland Slope Areas:
(f ) For the purpose of this section, Wetland Slope is defined
as 3 feet above the shoreline and 3 feet below the
shoreline.
(21 Wetland Slopes shall be predominantly 5:1 or shallower,
with at least 80% 5:l and 2O% 10:1 or shallower. The
percentage of Wetland Slope is calculated along the
perimeter of the reclaimed lakes.
(3) An alternate plan for the shoreline area which modifies the
standards above may be proposed by an Applicant to
accommodate special needs for:
(a) Water-basedrecreationamenities;
(b) Reducing wildlife habitat along certain sections of
shoreline due to proximity to an airport; or
(c) Fishing embankments.
7-50
3.
b.
(4) Other special needs or uses that may be proposed by the
Applicant.
(5) Wetlands shall be included in the reclamation plan for all
shoreline areas.
Dryland Slope Area.
(1) For the purposes of this section, the Dryland Slope area is
defined as any area above a Wetland Slope in the post-
mine land use that will predominately be used for
rangeland grazing and wildlife habitat.
(21 Dryland Slopes shall be predominantly 5:1 with at least
85o/o of the Slopes 5:1 or shallower.
(3) An alternate Slope plan for the Dryland area which
modifies the standards above may be proposed by an
Applicant to accommodate special needs when:
(a) The existing terrain Slope is steep (greater than
5:1); or
(b) Where there is little or no available on-site backfill
material.
Figure 7-1002: Wetland and Dryland Slopes
Vegetation.
a. Wetland Criteria.
(f) Al Wetland Slopes on a Reclamation Plan shall include
revegetation with appropriate species shown on a
Landscape Plan. The plan shall:
(a) Show the reclaimed Wetland area to scale;
(b) ldentify the species and number of plantings;
(c) Provide for adequate irrigation, if required;
(d) Provide for adequate species diversity to enhance
wildlife habitat; and
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(e) Provide other site specific requirements as may be
identified.
(21 Wetland seeding shall occur immediately prior to lake filling
using the following methods:
(a) Seeding shall be done by drilling or by hydro-
seeding methods. Broadcast seeding is not
permitted;
(b) Revegetation of Wetlands shall also include
planting of trees, willows and/or shrubs; and
(c) Existing trees may be included in the plan if they
are a minimum of 8 feet in height and 2 inches in
diameter.
b. Dryland Criteria. All Dryland areas on a Reclamation Plan shall
include revegetation with appropriate Dryland plant species
including a mixture of grasses, forbs, and shrubs, based on the
written recommendation of a qualified professional.
4. Reclamation with multiple ponds or lakes shall provide islands or
peninsulas that make up at least 20Yo of total lake surface in order to
break up the surface and provide undulation of shorelines in a natural-like
appearance.
5. To the extent permitted by law, unless all disturbance created by the
mining operation is covered by a reclamation bond under jurisdiction of
the DRMS, or by the Federal government on federally-owned lands, a
bond or other acceptable financial performance guarantee shall be
submitted in favor of the County in an amount of at least 150% of the cost
of restoration of the site and access roads. The required amount of such
financial performance guarantees may be increased at the discretion of
the BOCC to account for inflation. A bid for site restoration acceptable to
the permittee and the County shall be submitted to the Community
Development Department as evidence of the cost of reclamation for bond
setting purposes.
Enforcement.
'1. The County shall not issue a Land Use Change Permit until all required
local, State, and Federal permits have been obtained and submitted to
Garfield County including, but not limited to, the municipal watershed
permit, CDPHE, USACE, NPDES, Division of Water Resources
(approved well permits and plan for augmentation), etc.
2. The Operator acknowledges that the County has performance standards
in place that could lead to revocation of the Land Use Change Permit if
continued violations of the permit occur over a period of time.
3. The County can request a site inspection with 1-day notice to the
Operator. The owner or Operator must grant full access to any part of the
site will be granted. On request, all paperwork must be shown. The
County cannot request a large number of inspections that would interfere
with normal operation without cause.
4. Prior to contacting the appropriate agency, the County commits to
notifying the Operator of any compliance concern identified during a site
inspection.
7-52
Any person at any time can call any permitting agency directly and
request an inspection if they believe a condition of that agency's permit is
being violated.
To ensure that certain conditions of a permit are complied with, the BOCC
may require a financial performance guarantee in addition to that required
by the DRMS. The required amount of such financial performance
guarantees may be increased at the discretion of the BOCC to account
for inflation. The County will not require financial guarantees that are
duplicative of that required by the DRMS.
The County will be invited to any bond release inspection of the DRMS.
The County inspector will have the opportunity to demonstrate that any
item of the permit has not been complied with and that bond should not
be released.
7.1003. MINING AND OTHER EXTRACTION USES.
A. Roads.
1. The weight of trucks shall not exceed road or bridge weight capacity on
approved haul routes as established by the County or by Federal or State
law.
2. As a condition of approval, the County may impose limits on the number
of trucks that may access the site to avoid damage to roads caused by
heavy vehicle use, weather conditions, or water saturation.
B. Routing.
Designation of construction and haul routes for a specific mining operation application
shall comply with the following standards:
1. Truck haul and traffic routes shall be designed to the maximum extent
feasible to avoid residential areas, commercial areas, environmentally
and visually sensitive areas, schools and other civic buildings,
municipalities, and already congested locations. Alternative routes shall
be identified.
2. Timing of truck traffic may be controlled to prevent congestion or adverse
noise impacts or safety risks.
3. Applicant shall prevent loss of loads and fugitive dust emissions during
transit and shall be responsible to ensure that haul routes are maintained
in accordance with dust-suppressant methods required by applicable
State or Federal agency.
C. Emergency Preparedness.
The site Operator shall prepare an emergency preparedness plan and have it on site
and provided to the appropriate emergency providers for the site.
7.1004. RECYGLING COLLECTION CENTERS.
A. Gustomary and lncidental.
A Recycling Collection Center shall be considered customary and incidental to Solid
Waste Transfer Facilities, recycling processing facilities, and commercial uses that are
20,000 square feet or larger.
B. Parking Lot Location.
A Recycling Collection Center located in Parking Lots shall not occupy required parking
spaces. The collection center shall be located so as not to not impede traffic flow.
7-53
5.
6.
7
EXHIBIT
!ã.og 3LUÐC
2013
GARFIELD COUNTY, COLORADO
Article 14. Areas and
Activities of State
lnterest
Article 14
Anrns AND AclvlrlEs oF Srnre lrurcnrsr
TReLr or Corurgrurs
DtvtstoN 1. GENERAL............
14-101. PURPOSE AND INTENT. ..............
14.102. AUTHORITY AND SEVERABI
A. Authority.........B. Severability......
14-103. APPLICABI
A. Areas of State lnterest.....
B. Activities of State lnterest.
1 4-104. EXEMPTlONS.........A. Statutory ExemPtions
14.105. INTERPRETAT¡ON WITH STATUTES, OTHER ENACTMENTS, AND
GOMPREHENSIVE PLAN
A. More Restrictive Standards Apply
14-106. PERMIT REQU¡RED.A. Permit Authority.B. permit Required Prior to Engaging in Designated Activity or Development in
Designated Area.
C. Term of Permit...,
D. Renewal.E. 1041 Permit Not A Site Specific Development Plan'
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE
INTEREST.....
14.201. APPLICABILITY OF DESIGNATION PROCESS.......
14.202. INITIATION OF DESIGNATION REQUEST...
14-203. DESIGNATION PROCESS. ............
A. Public Hearing bY BOCC.
B. Matters to be Considered at Designation Hearing
C. Adoption of Designation and Regulations
D. Record of Designation Proceedings' ...'......
DIVISION 3. REVIEW PROGESS FOR 1041 PERMIT.
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14-301.
A.
B.
c.
D.
E.
F.
G.
H.
COMMON REVIEW PROCEDURES..........
Consultants and Referral Agencies.
Pre-Application Conference..........
Determination of Level of Permit Review.
Call-up of Director's Level of Review Determination' '.......'
Change in Level of Permit Review.
Determination of Completeness. ......"....
Evaluation by Director/Staff Review'....""'...'.
Notice of Public Hearing.
14.302. MINOR PERMIT REVIEW PROCESS.
A. Outline of Process.
B. Review Process.....
14-303. MAJOR PERMIT REVIEW PROCESS
A. Outline of Process.
B. Review Process.....
14.304. TECHNICAL REVISIONS AND 1041 PERMIT AMENDMENTS
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GARFIELD COUNTY LAND USE AND DEVCIOPMENT CODE 14-a
Submittals.
Determination of the Type of Amendment. .
Technical Revisions.
1 041 Permit Amendments. ........'...
Call-Up of Director's Determination. .....'.....
Application Form.
lnformation Describing the Project.
Property Rights, Permits, and Other Approvals.
Description of Technical and Financial Feasibility of the Project'
Socioeconomic 1mpacts................
Environmental lmpacts
Hazardous Materials DescriPtion
Monitoring and Mitigation Plan.
Additional lnformation May Be Necessary.
ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO AREAS
AROUND AN AIRPORT OR HELI
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B.
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DIVISION 4. 1041 PERMIT APPLICATION SUBMITTAL
REQUIREMENTS ..............' 10
14.401. DESCR¡PTION OF SUBMITTAL REQUIREMENTS.
A.
B.
c.
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F.
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l.
14-402
A. LocationMaP...........B. Elevation Profiles and Site P|an...........
C. Written Agreements for Height Exception.
D. Declaration of Anticipated Noise Levels.
E. Avigation Easement.
14.403. ADbIÏONAL SUBMITTAL REQUIREMENTS APPLICAB
IN AREAS AROUND RAPID OR MASS TRANSIT FACILITIES......
A. Traffic Patterns.
B. Surrounding Land Uses
C. Traffic Demands.
A. Type of Mechanical Transit Conveyance. "
LE TO DEVELOPME
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A. Traffic Relationships.....'........ """""17
B. Traffic Generation """""17
C. Traffic lmpacts..... """""17
D. Traffic Access...... """""17
14.404. ADDITIONAL SUBMITTAL REQUIREMENTS APPLIGABLE TO MUNICIPAL AND
INDUSTRIAL WATER PROJECTS
A. Efficient Water Use......,.....
B. Municipal and lndustrial Water Projects'....
C. Demand.....
14.405. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE
SELECTION OF SOLID WASTE DISPOSAL SITES....17
14.406. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE
SELECTION OF MAJOR NEW DOMESTIC AND SEWAGE TREATMENT SYSTEMS. .....17
14.407. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE
SELECTION OF MAJOR EXTENSIONS TO EXISTING DOMESTIC WATER AND
SEWAGE TREATMENT SYSTEMS.......17
14.408. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE
SELECTION FOR ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR
HIGHWAYS
GARFIELD GOUITY LMO USC ru.¡O DEVEIOPMENT CODE 14-¡¡
B. Analysis of Passengers. ........... .......18
C. Anticipated Schedule... '.................'.18D. Maximum Length of Any Train. ...'..'.18
E. Basic Floor Plan and Architecturalsketches. '.'......'......"...'19F. Map of All Associated Roadways, Parking Areas and Other Facilities. ....................19
14.410. ADDITIONAL SUBMITTAL REQUIREMENTS FOR SITE SELECTION FOR FIXED
GUIDEWAYS......................19
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SELECTION FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION
A. Airport Layout P|an...........
B. Heliport or Helistop Layout Plan. .........
C. Description of Effect.
DIVISION 5. 1041 PERMIT APPROVAL STANDARDS.
14.501. GENERAL APPROVAL STANDARDS.
A. Necessary Permits Will Be Obtained'
B. Expertise and Financial Capability.........'......
C. Technical and Financial Feasibility. ...".........
D. Compatibility with Surrounding Land Uses.
E. Risk From Natural Hazards.
F. Consistent Plans.
G. Effect on Local Government Services..
H. Housing.l. Financial Burden.
J. Effect on Economy. ..............
K. Recreational Experience. ..............
L. Conservation...............M. Natural Environment.................
N. Nuisance.O. Areas of Paleontological, Historic or Archaeological lmportance
P. Release of Hazardous Materials
O. Benefits Versus Loss of Resources.
R. Best Alternative. ...........
S. Project Need.
The proposed project is needed within the County and/or area to be served.
14.502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT
FACILITIES 25
A. Areas Around Rapid or Mass Transit' "".."".'.'..25
B. Site Selection............. '.'."""".'..""'25
14.503. ADDITTONAL STANDARDS APPLICABLE TO SITE SELECTION OF SOLID
WASTE DISPOSAL SITES 26
A. State and Federal Regulations "."."'26
14.504. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF DOMESTIC
WATER AN D SEWAG E TREATMENT SYSTEMS. ...................26
A. State and Federal Regulations .""""27
14.505. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION FOR ARTERIAL
HIGHWAYS AND INTERCHANGES ..27
A. Type of Motive Power.
B. Minimum and Optimum Width of Right-Of-W4y.......'.....
C. Minimum and Maximum Passenger Capacity'."'...........
D. Maximum Length of Any Trail. .........
E. Maximum Proposed Grade.
F. Building or Structure Removal.
G. Methods Planned to Prevent Collision.
14.411. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE
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GARFTELD Coul,¡w LAND UsE a¡¡o Developmelr Gooe 14-1ia
A. Areas Around Arterial Highways, lnterchanges, and Collectors. """".-"27B. Site Selection. ............ '.'.""'.'.'-"""'27
14.506. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS
AND HELIPORTS.......
N. Separation of Noise-Sensitive Land Use.
14.507. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF AIRPORT
oR HELIPORT LOCATION OR EXPANSION. ................
Airport Layout.
Heliport Layout.
Fabrication, Service, and Repair Operations
Storage of Materials
Ability to Obtain Necessary Permits......
Conflict with Existing Easements...............
Relationship to Economic and Transportation Needs'
Nuisance.
DIVISION 6. FINANCIAL GUARANTEE
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14.60I. FINANCIAL GUARANTEE REQUIRED....
A. CompletionB. Performance................C. lncreases Borne By Permit Holder....
D. Shortfallto County Revenues.
14.602. AMOUNT OF FINANGIAL GUARANTEE. .......
A. Estimated Cost of Completion
B. Estimated Cost of Performing All Mitigation......'...'..
14.603. ESTIMATE
,14.604. FORM OF FINANCIAL GUARANTEEA. FormAcceptable..........B. Guarantor or Surety......C. Cash Deposited............
14.706, RELEASE OF GUARANTEE.
A. Surrender of Permit.
B. ProjectAbandonment............
C. SatisfactoryCompletionD. Completion of Phase.
E. SatisfiedConditions.
14.606. CANCELLATION OF THE FINANCIAL GUARANTEE..
14.607. FORFEITURE OF FINANCIAL GUARANTEE
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Protection of Public Health, Safety and Welfare
Prohibited Uses and Activities.
Permitted Uses and Activities.
Noise.
Avigation and Hazard Easement.
Declaration of Anticipated Noise Levels.
Communications Facilities and Electrical lnterference
Outdoor Lighting.
Use of Reflective Materials Prohibited.
lndustrial Emissions That Obscure Visibility Prohibited"
Height Restrictions
Penetration of Development into lmaginary Surface Area. ........'..'..'
Wetland Construction, Enhancement, Restoration, or Mitigation. "..'
Written Notice.
Public Hearing
Disbursement.
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GInrIe¡-O GOUNTY LAND USE AND DEVELOPIVIENT GOOE 14-iv
D. lnadequate Revenue. ".'...'......."'....35
DIVISION 7. 1041 PERMIT ADMINISTRATION AND ENFORCEMENT. 36
14.701. ENFORCEMENT AND PENALTIES.
A. EnjoinmentB. Material Changes in the Construction or Operation. .......'..".....
14-702. r041 PERMIT SUSPENSION OR REVOCAT|ON...................
A. Temporary SuspensionB. Revocation
14.703. TRANSFER OF 1O4I PERMITS.
14-704. INSPECTION.
14.705, JUDICIAL REVIEW
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GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 14-v
(This Page Left Blank lntentionally)
GARFTELD Cour,¡ry LAND UsE AND DEVELoPMENT CoDE 14-vi
DIVISION 1. GENERAL.
ARTICLE 14: AREAS AND AGTIVITIES OF STATE
INTEREST
14-101. PURPOSE AND INTENT.
Upon enacting House Bill 1041 in 1974, the state legislature identified several general types of
land areas añd land use activities that could potentially affect "state interests." The law
authorized counties to designate and regulate certain areas and activities within their respective
jurisdictions that fall within those general categories of state interest. The purpose of this Article
is to facilitate the identification, designation, and administration of matters of state interest
consistentwith the statutory requirements and the criteria setforth in C.R.S. $ 24-65.1-101, ef
seg.
14.102. AUTHORITY AND SEVERABILITY.
A. Authority.
This Arlicle is authorizedby, inter a/ra, C.R.S. $$ 24-65.1-101, ef seg.; 30-28-101, ef
seg.; 30-28-201, et seq.:29-20-1Q1, et seq.; and 24-32-111'
B. SeverabilitY.
lf any section, subsection, sentence, clause, or phrase of this Article is, for any reason,
held to be invalid or unconstitutional by a court of law, such decision shall not affect the
validity of this Code as a whole or any part other than the part declared invalid.
I4.I03. APPLICABILITY.
This Article shall apply to the Designation and regulation of any area or activity of state interest
wholly or partially in the unincorporated areas of Garfield County, whether on public or private
land, that has been or may hereafter be designated by the BOCC'
A. Areas of State lnterest.
1. Areas around Airports and Heliports. Specifically, the outer extremities of
the lmaginary Surfaces for the particular Airport or Heliport, including all
lands, water, airspace, or portions thereof which are located within this
boundary. lf the Noise lmpact Boundary extends beyond the outer
extremities of the lmaginary Surfaces, the lmaginary Surfaces shall be
extended to incorporate the Noise lmpact Boundary for purposes of this
Article.
2. Areas around Rapid or Mass Transit Facilities, Terminals, Stations, or
fixed guideways.
B. Activities of State Interest.
1. Efficient utilization of municipal and industrial water projects.
2. Site Selection and development of Solid Waste Disposal Sites except
those sites specified in C.R.S. $ 25-11-203(1), sites designated pursuant
to Part 3 of Article 11 of Title 25, C.R.S., and hazardous waste disposal
sites, as defined in C.R.S. S 25-15-200.3.
3. Site Selection and construction of major new domestic water and sewage
treatment systems and major extension of existing domestic water and
sewage treatment sYstems.
GrRnelo GoururY LAND UsE AND DEvELoPMENT CoDE 14-1
Site Selection and construction for Arterial Highways, lnterchanges, and
Collector Highways.
Site Selection and construction for Rapid or Mass Transit Terminals,
Stations, or guideways.
site selection for public Airport or Heliport location or expansion.
14-104. EXEMPTIONS.
A. Statutory ExemPtions.
This Article shalinot apply to any development in the above identified areas or activities
of state interest if any one of the following is true as of May 17, 1974:
1. The specific development or activity was covered by a current Building
Permit issued by the CountY.
2. The specific development or activity was directly approved by the
electorate of the State or the County, provided that approval by the
electorate of any bond issue by itself shall not be construed as approval
of the specific development or activity.
3. The specific development or activity is on land which has been finally
approved, with or without conditions, for a PUD or land use similar to a
PUD.
4. The specific development or activity is on land which was either zoned or
rezoned in response to an application which specifically contemplated
said specific development or activity.
14.105. INTERPRETATION WITH STATUTES, OTHER ENACTMENTS' AND
COMPREHENSIVE PLAN.
A. More Restrictive Standards Apply.
Whenever the provisions of this Article are found to be inconsistent with the statutory
criteria for the administration of matters of state interest, or any other resolution,
ordinance, code, regulation, or intergovernmental agreement, the enactment imposing
the more restrictive standards or requirements shall control.
B. Definitions.
All capitalized terms will have the meaning set forth in Article 15 or the meaning set forth
in state law. ln the event of a conflict between a Code definition and a state law
definition, the state definition will control.
C. ComPliance Matters.
Nothing in this Article exempts an Applicant from compliance with any other applicable
County- requirements or other State, Federal, or local requirements. Nor shall Federal,
State, or local approval preempt or othenruise obviate the need to comply with this
Article.
D. No lntent to Gonflict.
This Article shall not be applied to create an operational conflict with any State or
Federal law or regulations.
E. Goordinated Review and Permitting.
Any Applicant for a Permit under this Article that is also subject to the regulations of
other State or Federal agencies may request that the County application and review
process be coordinated with that of the other agency. The County will attempt to
eliminate redundant application submittal requirements and will coordinate its review of
the application with that of other agencies as appropriate. To the extent practicable and
4.
5.
6.
GARFTELD Gout¡w Llno Use AND DEvELopmeNr Gooe 14-2
appropriate, the County will also atte mpt to coordinate the terms and conditions of
approval with that of other agencies
I4.106. PERMIT REQUIRED.
A. Permit AuthoritY.
The BOCC shall serve as the Local Permit Authority
powers and duties granted it by this Code.
The BOCC shall exercise all
B. Permit Required Prior to Engaging in Designated Activity or Development
in Designated Area.
No person may engage in a designated activity of state interest, or engage in
development in an area of state interest, without first obtaining either a permit
(hereinafter "1041 Permit" or "Permit") or a "Finding of No Significant lmpact" under this
Article.
C. Term of Permit.
Approval of a 1041Permit shall lapse after 12 months, unless:
1. Activities described in the Permit have substantially commenced; or
2. The BOCC specifies a different time period in which Building Permits
must be obtained or activities must commence'
D. Renewal.
A 1041 Permit may be renewed following the same procedure for approval of a new
application set forth in Division 4 of this Article. The BOCC may impose additional
conditions at the time of renewal if necessary to ensure that the project will comply with
this Article.
E. 1041 Permit Not A Site Specific Development Plan.
1041 Permits issued under this Article shall not be considered to be a Site Specific
Development Plan and no statutory vested rights shall inure to such permit.
14.201. APPLICABILITY OF DESIG NATION PROCESS.
The Designation process set forth in this Article shall apply to the Designation of any matter of
state inteiest after the effective date of this Code. The Designation process shall not apply to
those matters of state interest designated by the BOCC prior to the effective date of this Code,
which Designations shall remain in effect.
14.202, INITIAT¡ON OF DESIGNATION REQUEST.
Designations and amendments or revocations of Designations of areas or activities of state
interest may be initiated by the BOCC.
1 4.203. DESIGNATION PROCESS.
A. Public Hearing bY BOCC.
A request for Designation of an area or activity of state interest shall be considered by
the BOCC at a Public Hearing'
1. Public Notice. The Director shall publish a notice of the Public Hearing at
least 30 days and not more than 60 days before the hearing, in a
newspaper of general circulation in the County. The notice shall include
the time and place of the hearing, a general description of the
Designation requested, and the place at which relevant materials may be
examined.
DIVISION 2. DESIGNATION OF AREAS AND ACTIVITIES OF STATE INTEREST.
Ganneuo Gout¡w LAND UsE ¡t¡o DeveloPMENT CoDE 14-3
B.Matters to be Considered at Designation H earing.
At the Designation hearing, the BOCC shall consider such evidence as may appear
appropriate, including the following considerations:
1. The intensity of current and foreseeable development pressures;
2. The reasons why the particular area or activity is of state interest, the
dangers that would result from uncontrolled development of any such
area or uncontrolled conduct of such activity; and the advantages of
development of such area or conduct of such activity in a coordinated
manner;
3. Boundaries of the proposed area of state interest; and
4. Conformity with the Comprehensive Plan.
C. Adoption of Designation and Regulations.
Within 30 days after completion of the Public Hearing, the BOCC shall take action by
resolution to adopt, adopt with modifications, or reject the proposed Designation and
Regulations interpreting and implementing its guidelines for an area or activity of state
interest.
1. lf the BOCC rejects the Designation andior proposed Regulations, the
BOCC may at its discretion regulate the matter under any other available
land use control authority or it may reject regulation of the matter entirely'
2. The BOCC action shall be taken by resolution.
3. Upon adopting a Designation, the BOCC shall adopt Regulations for its
administration.
D. Record of Designation Proceedings.
The record of decision shall include the following materials:
1. Certificate of publication of the Public Hearing notice;
2. The minutes of the Designation Hearing;
3. Written findings concerning each of the considerations set forth in section
14-203.8., Matters to be Considered at Designation Hearings; and
4. The recorded resolution adopting the Designation and Regulations.
REVIEW P ROCEDURES.
A. GonsultantsandReferralAgencies.
The following provisions apply to all1041 Permit applications'
1. Consultant and Referral Agency Review. The Director may authorize all
or a portion of the review of an application to be performed by an outside
consultant, and may request comment by referral agencies pursuant to
section 4-101.C., Review by ReferralAgency.
Z. Applicant Responsible for Review Fees. The costs of consultant and
referral agency reviews are the responsibility of the Applicant. The costs
of consuliant and referral agency reviews shall be paid pursuant section
4-101.C., Review by Referral Agency, and section 4-101.D., Evaluation
by Director/Staff Review'
B. Pre-Application Gonference.
An application for a 1041Permit shall begin with a pre-application conference between
the Applicant and the Director or staff.
14-301.
DIVISION 3 REVIEW PROCESS FOR 1041 PERMIT.
Gennelo Cou¡¡rv LAND UsE Æ¡o D¡veLopueHr Gooe 144
1 Procedure. The Applicant shall make a request for a pre-application
conference through the Community Development Department. At the
conference, the Director shall explain the regulatory process and
requirements and begin to evaluate the appropriate level of review.
a. Scheduling of Pre-Application Conference. The Director shall
schedule a pre-application conference to be held within 20 days of
receipt of a request for a pre-application conference.
b. Materials. At or before the pre-application meeting, the Applicant
shall submit a brief explanation of the proposed project, including
the following materials:
(f ) The Applicant's name, address, and phone number.
(21 Map prepared at an easily readable scale showing:
a. Boundary of the proposed activity;
b. Relationship of the proposed activity to surrounding
topographic and cultural features such as roads,
streams, and existing structures; and
c. Proposed building, improvements, and
infrastructure.(3) Written summary of the project that is sufficient for
determining the appropriate level of review.
c. Participants. ln addition to the Community Development
Department staff, participants in the pre-application conference
shall include appropriate staff to address potential issues raised
by the proposed project.
C. Determination of Level of Permit Review.
There are 3 possible levels of Permit Review for a proposed project. The Director shall
make the initial determination of the appropriate level of Permit Review within a
reasonable time following the pre-application meeting and submittals. The Director shall
notify the BOCC of the level of review within 5 days of the determination.
1. Finding of No significant lmpact. Based upon review of the pre-
application submittals and the information obtained at the pre-application
meeting, the Director may make a Finding of No Significant lmpact and
determine that a 1041 Permit is not necessary.
a. The Director may make a Finding of No Significant lmpact if the
construction or operation of the activity, without Mitigation, in its
proposed location is unlikely to have any significant adverse
impact to the County. The Director's decision shall take into
consideration the approval standards set forth in Division 5 of this
Article.
2. Major and Minor Permit Review. lf the Director does not make a Finding
of Ño Significant lmpact, then the Director shall determine whether the
proposed project should be subject to the Major Permit Review or Minor
Permit Review provisions of this Article.
a. Major Permit Review. The Director shall determine that Major
Permit Review is required if:
(1) The proposed project is likely to have a significant adverse
impact in 2 or more categories of standards as described
Division 5, 1041 Permit Approval Standards; or
(21 The proposed project is likely to have severe adverse
impact in any 1 category of standards as described in
Division 5 of this Article, 1041 Permit Approval Standards'
GaRnelo Gout¡w LAND UsE AND DEVELoPMENT CoDE 14-5
b. Minor Permit Review. lf the proposed project does not wa rrant Major
Permit Review, then it will be processed as a Minor Permit Review.
D. Gall-up of Director's Level of Review Determination.
1. Call-up by the Board. The BOCC may, at its discretion, call-up the
Director's determination at the next regularly-scheduled meeting of the
BOCC for which proper notice by inclusion on the BOCC agenda can be
accomplished, following the date of written notice of the determination of
level of Permit Review. The BOCC may approve, modify, or reject the
Director's determination based on the criteria in section 14-301.C.
2. Request for Call-up. Within 10 days of the date of written notice of the
Director's determination, the Applicant may request that the BOCC call up
the determination at its next regularly-scheduled meeting for which proper
notice can be accomplished by inclusion on the BOCC agenda. The
BOCC may approve, modify, or reject the Director's determination based
on the criteria in section 14-301.C.
E. Ghange in Level of Permit Review'
At any time prior to the final decision by the BOCC, the County may decide that
information received since the pre-application conference indicates that the nature and
scope of the impacts of the proposed project are such that a different level of review is
required. lf a different level of review is required, the Director shall immediately notify
the Applicant, the BOCC, and the County Attorney.
F. Determination of Completeness.
Within 30 business days of receipt of the application materials, the Director shall
determine whether the application is complete based on compliance with the submittal
requirements set forth in section 14-401, Description of Submittal Requirements.
1. Application is Not Complete. lf the application is not complete, the
Director shall inform the Applicant of the deficiencies in writing and shall
take no further action on the application until the deficiencies are
remedied. lf the Applicant fails to correct the deficiencies within 60
calendar days, the application shall be considered withdrawn and
returned to the APP|icant.
2. Application is Complete. lf the application is complete, the Director shall
certify it as complete and stamp it with the date of determination of
completeness.
3. Extension of Time for Determination of Completeness. The Director may
authorize an extension of time to complete the review for determination of
completeness up to an additional 30 business days. The extension of
time for determination of completeness shall be based upon the following
considerations:
a. Scope of Application. The scope of application is sufficient to
require additional time for the Director to review the application for
a determination of completeness.
b. Staff Workload. The Department's workload due to the volume
and scope of pending applications justifies the need for an
extension of time.
G. Evaluation by Director/Staff Review.
The Director shall review the application to determine if the proposed project satisfies
the applicable standards set forth in Division 5 of this Article, 1041 Permit Approval
Standards. The Director shall prepare a staff report discussing issues raised by staff
and referral agencies, whether the standards have been satisfied, Mitigation
GnRnelo Counrv LAND UsE nNo DeveloPMENr CoDE 14-6
requ¡rements, recommended conditions of approval, and additional information pertinent
to review of the apPlication.
H. Notice of Public Hearing.
1. Notice by Publication. At least 30 calendar days but no more than 60
calendar days prior to the date of a scheduled Public Hearing, the
Applicant shall have published a notice of Public Hearing in a newspaper
oi general circulation in the area that the proposed project is located. The
notice shall follow a form prescribed by the County'
2. Notice to Adjacent Property Owners. At least 30 calendar days but no
more than 60 calendar days prior to the date of a scheduled Public
Hearing, the Applicant shall send by certified mail, return receipt
requesied, a written notice of the Public Hearing to the owners of record
of all adjacent property within a 200-foot radius. The notice shall include
a Viciníty Map, the property's legal description, a short narrative
describing the proposed project, and an announcement of the date, time,
and location of the scheduled hearing(s).
3. Proof of Notice. At the Public Hearing, the Applicant shall provide proof
of publication and notification of Adjacent Property Owners'
4. Notice to Airport Sponsor. lf an application involves areas around
Airports or Heliports, or the site selection of an Airport or Heliport, then
Applicant must also send by certified mail, return receipt requested, a
written notice of the Public Hearing to the Airport Sponsor. The notice
shall follow a form prescribed by the County.
.14.302. MINOR PERMIT REVIEW PROCESS.
A. Outline of Process.
The Minor Permit Review shall consist of the following procedures:
1. Pre-aPPlication conferençe;
2. ApPlicationi
3. Determination of comPleteness;
4. Evaluation by the Director/Staff review; and
5. Public Hearing and decision by the BOCC.
B. Review Process.
1. pre-Application Conference. A pre-application conference shall be held
in accordance with the provisions of section 14-301.8., Pre-Application
Conference.
2. Application. The application materials are set forth in section 14-401,
Description of Submittal Requirements'
3. Determination of Completeness. The Director shall review the application
for determination of completeness in accordance with the provisions of
section 14-301.G., Determination of Completeness.
4. Schedule Public Hearing. Upon a determination of completeness, the
Director shall schedule the application for Public Hearing by the BOCC'
A public notice of the hearing shall be made pursuant to section
14-301.F., Notice of Public Hearing.
5. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the application and prepare a
staff report pursuant to section 14-301.H., Evaluation by Director/Staff
Review.
GARFTELD Gou¡¡rY LAND UsE lNo Developme¡¡r Gooe 14-7
6.Review and Action by the BOCC. Upon establishing proper public notice,
the BOCC shall consider the application at a Public Hearing.
a. Decision by Board. The BOCC shall approve, approve with
conditions, or deny the application based upon compliance with
the applicable standards in Division 5 of this Article, Permit
Approval Standards.
(f ) Approval of Application. lf the application satisfies all of
the applicable standards, the application shall be
approved. The application may be approved with
conditions determined necessary for compliance with
applicable standards.
(21 Denial of Application. lf the application fails to satisfy any
1 of the applicable standards, the application shall be
denied.
14.303. MAJOR PERMIT REVIEW PROCESS,
A. Outline of Process.
The Major Permit Review shall consist of the following procedures:
1. Pre-applicationconference;
2. Application;
3. Determination of completeness;
4. Evaluation by the Director/Staff review;
S. Public Hearing and recommendation by the Planning Commission; and
6. Public Hearing and decision by the BOCC
B. Review Process.
1. Pre-Application Conference. A pre-application conference shall be held
in accordance with the provisions of section 14-301.8., Pre-Application
Conference.
2. Application. The application materials are set forth in section 14-401,
Description of Submittal Requirements.
3. Determination of Completeness. The Director shall review the application
for determination of completeness in accordance with the provisions of
section 14-301.G., Determination of Completeness.
4. Schedule Public Hearing. Upon a determination of completeness, the
Director shall schedule the application for Public Hearing by the Planning
Commission. Public notice of the hearing shall be made pursuant to
section 14-301.F., Notice of Public Hearing.
5. Evaluation by Director/Staff Review. Upon determination of
completeness, the Director shall review the application and prepare a
staff report pursuant to section 14-301.H.
6. Review and Recommendation by the Planning Commission. After proper
notice, the Planning Commission shall consider the application at a Public
Hearing.
a. Recommendation by Planning Commission. The Planning
Commission shall recommend approval, approval with conditions,
or denial of the application based upon compliance with the
applicable standards set forth in Division 5 of this Article, Permit
Approval Standards.
GnRrlrlo Gounrv LAND UsE ¡no Developue¡¡r Cooe 14-8
(1) Recommendation of Approval. lf the application satisfies
all of the applicable standards, the Planning Commission
shall recommend that the application be approved. The
Planning Commission may recommend approval with
conditions determined necessary for compliance with the
applicable standards.(21 Recommendation of Denial. lf the application fails to
satisfy all of the applicable standards the Planning
Commission shall recommend that the application be
denied.
Schedule Public Hearing. The Director shall schedule the application for
Public Hearing by the BOCC.
a. Public notice of the hearing shall be made pursuant to section
14-301.F., Notice of Public Hearing.
b. Public Hearing by the BOCC shall be held within 45 calendar days
of the date of the Planning Commission recommendation.
Review and Action by the BOCC. The BOCC shall consider the
application at a Public Hearing, upon proper public notice'
a, Decision by Board. The BOCC shall approve, approve with
conditions, or deny the application based upon compliance with
the applicable standards in Division 5 of this Article, Permit
Approval Standards.
(f ) Approval of Application. lf the application satisfies all of
the applicable standards, the application shall be
approved. The application may be approved with
conditions determined necessary for compliance with
applicable standards.
(21 Denial of Application. lf the application fails to satisfy any
1 of the applicable standards, the application shall be
denied.
14.304. TECHN¡CAL REVIS¡ONS AND 1041 PERMIT AMENDMENTS.
Any change in the construction or operation of the project from that approved by the BOCC shall
require either a "technical revision" or a"1041 Permit Amendment."
A. Submittals.
To request a technical revision, the Applicant shall submit the following information and
materials to the Director:
1. A copy of the current 1041 Permit;
2. As-built drawings of the project;
3. Drawings and plans of proposed changes to the project; and
4. Additional Mitigation Plans.
B. Determination of the Type of Amendment.
The Director shall make the initial determination whether a change is a technical revision
or a 1041 Permit Amendment within 30 days following receipt of the request and
necessary submittals. Within 5 days of the Director's determination, the Director shall
notify the Applicant and the BOCC, in writing, of the determination.
C. Technical Revisions.
A proposed change will be considered a "technical revision" if the Director, in his or her
discretion, determines that there will be no increase in the size of the area affected by
the project or the intensity of impacts of the project.The Director may determine that
7
8.
GARFIELD GOUITV LAND USE NT.¡O DEVEIOPMENT CODE 14-9
even though the proposed changes wil I increase the size of the area affected or the
is insign ificant so as to warrant a technical revision
approval will not be treated as a technical revision
technical revision, the Director shall approve the
D. 1041 Permit Amendments'
Changes other than technical revisions are considered 1041 Permit Amendments. A
1041 Þermit Amendment will be treated as a new application and processed according
to Division 3 of this Article.
E. Call-Up of Director's Determination.
1. Call-up by the Bocc. The Bocc may, at its discretion, call up the
Director's determination that a change is a 1041 Permit Amendment,
rather than a technical revision at the next regularly-scheduled meeting
for which proper notice by inclusion on the Bocc agenda can be
accomplished, following the date of written notice of the determination.
The BOCC may approve or reject the Director's determination based on
the criteria in section 14-304.8.
2. Request for Call-Up. Within 10 days of the date of written notice of the
Director's determination, the Applicant may request that the BOCC call-up
the Director's determination at its next regularly-scheduled meeting for
which proper notice can be accomplished by inclusion on the BOCC
agenda. The BOCC may approve or reject the Director's determination
based on the criteria in section 14-304'8'
The following submittal requirements shall apply to any application for a 1041 Permit. The
Director may waive '1 or more of the submittal requirements when the submittal information
would not be relevant to a determination as to whether the proposed project complies with the
approval criteria. The professional qualifications for preparation and certification of certain
documents required by this Article are set forth in section 4-203.A, Description of Submittal
Requirements.
14.401. DESCRIPTION OF SUBMITTAL REQUIREMENTS.
A. Application Form.
Applicant shall obtain an application form from the Community Development
Department.
1. Ownership. The application shall include a deed or other evidence of the
owner's fee title interest in the land for which a 1041 Permit is requested.
2. Authorized Applicant. Completed application forms and accompanying
materials shall be submitted to the Director by the owner, or any other
person having a recognized fee title interest in the land for which a 1041
Permit is proposed, or by any agent acting through written authorization
of the owner.
a. Authorized Agent. lf the Applicant is not the owner of the land, or
is a contract purchaser of the land, the Applicant shall submit a
letter signed by the owner consenting to the submission of the
application.
b. Applicant is Not the Sole Owner. lf the Applicant is not the sole
owner of the land, the Applicant shall submit a letter signed by all
intensity of the impacts, the impact
finding. A change to a condition of
Upon finding that the change is a
change to the 1041 Permit.
DIVISION 4. 1041 PERMIT APPLICATION SUBMITTAL REQUIREMENTS.
G¡Rnelo Cou¡¡rv LAND UsE mo Devetopme¡¡r Gooe 14-10
B.
other owners or an assoc¡ation representing all the owners, by
which all owners consent to or join in the application.
3. lnformation About Applicant. The application form shall contain the
following information describing the Applicant:
a. The name(s), address(es), email address(es), fax number(s),
organization form(s), and business(es) of the Applicant, and if
different, the owner of the Project;
b. The names, addresses, and qualifications, including those areas
of expertise and experience with projects directly related or similar
to that proposed in the application package, of individuals who are
or will be responsible for constructing and operating the project;
c. Authorization of the application by the property owner, if different
than the Applicant; and
d. Documentation of the Applicant's financial and technical capability
to develop and operate the project, including a description of the
Applicant's experience developing and operating similar projects.
Information Describing the Project.
1. Project Narrative. A narrative description of the project, including the
location of the proposed facility by reference to its relationship to any
physical features, intersections, towns, or other locations, that are
generally recognized by the citizens of Garfield County.
2. ldentification of Alternatives. Descriptions of alternatives to the project
that were considered by the Applicant and reasons why they were
rejected.
3. Project Need. The need for the project, including existing/proposed
facilities that perform the same or related function and population
projections or growth trends that form the basis of demand projections
justifying the project.
4, Gonformance with Comprehensive Plan. Evidence that demonstrates
that the proposed project is in conformance with the Comprehensive
Plan, municipal master plans, and any other applicable plans.
S. Maps. Detailed map(s) showing the location of the proposed facilities
together with proposed or existing Transportation Corridors, zoning
classification, and land use within 2,000 feet.
6. Plans and Specifications. Detailed plans and specifications of the project.
7. Project Schedules. Schedules for designing, permitting, constructing, and
operating the project, including the estimated life of the project.
8. Conservation Techniques. Description of all conservation techniques to
be used in the construction and operation of the project.
Property Rights, Permits, and Other Approvals
1. A list and copies of all other Federal, State, and local Permits and
approvals that have been or will be required for the project, together with
any proposal for coordinating these approvals with the County permitting
process.
2. Copies of all official Federal and State consultation correspondence
prepared for the project; a description of all Mitigation required by
Federal, State, and local authorities; and copies of any draft or final
environmental assessments or impact statement required for the project.
G
GeRnelo Coutw LAND UsE AND DEvELopue¡¡r Cooe 14-11
D
3. Description of the water to be used by the project, including the source;
amount; the quality of such water; the Applicant's right to use the water,
including adjudicated decrees, applications for decrees, proposed points
of diversion, and the existing uses of water; and any alternative water
sources available to the Applicant. lf an Augmentation Plan has been
filed in court, the Applicant must submit a copy of that plan.
Description of Technical and Financial Feasibility of the Proiect.
1. The estimated construction costs and period of construction for each
development comPonent.
2. Revenues and operating expenses for the project.
3. The amount of any proposed debt and the method and estimated cost of
debt service.
4. Details of any contract or agreement for revenues or services in
connection with the project.
5. Description of the person(s) or entity(ies) who will pay for or use the
project and/or services produced by the development and those who will
benefit from any and all revenues generated by it'
6. Cost of all Mitigation measures proposed for the project'
E. Socioeconomic lmPacts.
A comprehensive Socioeconomic lmpact Analysis that addresses the manner in which
the Applicant will comply with the relevant approval standards in Division 5 of this Article.
The lmpact Analysis shall be limited to the lmpact Area and shall include the following
information:
1. Land Use.
a. Description of existing land uses within and adjacent to the lmpact
Area.
b. Description of impacts and Net Effect that the project would have
on land use patterns.
2. Local Government Services.
a. Description of existing capacity of and demand for local
government services including, but not limited to, roads, schools,
water and wastewater treatment, water supply, emergency
services, transportation, infrastructure, and other services
necessary to accommodate development within Garfield County'
b. Description of the impacts and Net Effect of the project to the
capability of local governments that are affected by the project to
provide services.
3. Housing.
a. Description of existing seasonal and permanent housing including
number, condition, and cost of dwelling units.
b. Description of the impact and Net Effect of the project on housing
during construction and operation stages of the project.
4. Financial Burden on County Residents'
a. Description of the existing tax burden and fee structure for
government services including, but not limited to, assessed
valuation, mill levy, rates for water and wastewater treatment, and
costs of water supply.
GrnHeuo CouNw LAND UsE lt¡o Developlvle¡¡r Gooe 14-12
b.Description of lmpacts and Net Effect of the project on financial
burdens of residents.
5. Local EconomY.
a. Description of the local economy including, but not limited to,
revenues generated by the different economic sectors and the
value or productivity of different lands.
b. Description of impacts and Net Effect of the project on the local
economy and opportunities for economic diversification.
6. RecreationalOpportunities.
a. Description of present and potential recreational uses including,
but not limited to, the number of recreational visitor days for
different recreational uses and the revenue generated by types of
recreational uses.
b. Map depicting the location of recreational uses such as fishery
stream segments, access points to recreational resources, hiking
and biking trails, and wilderness areas.
c. Description of the impacts and Net Effect of the project on present
and potential recreational opportunities and revenues to the local
economy derived from those uses.
7. Areas of Paleontological, Historic or Archaeological lmportance.
a. Map andior description of all sites of paleontological, historic, or
archaeological interest.
b. Description of the impacts and Net Effect of the project on sites of
paleontological, historic, or archaeological interest.
8. Nuisance. Descriptions of noise, glare, dust, fumes, vibration, and odor
levels caused by the Project.
F. Environmental lmPacts.
Description of the existing natural Environment and an analysis of the impacts of the
project to the natural Environment. These descriptions shall be limited to the lmpact
Area, and shall include an analysis of existing conditions, supported with data, and a
projection of the impacts of the project in comparison to existing conditions. The
analysis shall include a description of how the Applicant will comply with the applicable
approval standards set forth in Division 5 of this Article.
1. Air QualitY.
a. Description of the airsheds to be affected by the project, including"
the seasonal pattern of air circulation and microclimates.
b. Map and/or description of the ambient air quality and State air
quality standards of the airsheds to be affected by the project,
including particulate matter and aerosols, oxides, hydrocarbons,
oxidants, and other chemicals, temperature effects, and
atmospheric interactions.
c. Descriptions of the impacts and Net Effect that the project would
have on air quality during both construction and operation, and
under both average and worst case conditions.
2. Visual Quality.
a. Map and/or description of ground cover and vegetation, forest
canopies, waterfalls, and streams or other natural features.
b. Description of view sheds, scenic vistas, unique landscapes, or
land formations.
GrRnelo Cour,¡rv LAND UsE AND DEvELopme¡¡t Cooe 14-13
c.Map and/or description of buildings a nd structure design and
3.
4.
materials to be used for the project.
d. Descriptions of the impacts and Net Effect that the project would
have on visual qualitY.
Surface Water QualitY.
a. Map andior description of all surface waters to be affected by the
project, including:
(f ) Description of provisions of the applicable regional water
quality management plan that applies to the project and
assessment of whether the project would comply with
those Provisions;(21 Existing condition of streams and water bodies affected by
the project; and
(3) Classification of streams and water bodies affected by the
project.
b. Description of water quality data monitoring sources'
c. Descriptions of the immediate and long-term impact and Net
Effects that the project would have on the quantity and quality of
surface water under both average and worst case conditions.
Groundwater QualitY.
a. Map and/or description of all groundwater, including any aquifers.
At a minimum, the description should include:
(r) seasonal water levels in each subdivision of the aquifer
affected bY the Project;
(21 Artesian Pressure in aquifers;
(3) Groundwater flow directions and levels;
(4) Existing aquifer recharge rates and methodology used to
calculate recharge to the aquifer from any recharge
sources;
(5) For aquifers to be used as part of a water storage system,
methodology and results of tests used to determine the
ability of aquifer to impound groundwater and aquifer
storage caPacitY;
(6) Seepage losses expected at any subsurface dam and at
stream-aquifer interfaces and methodology used to
calculate seepage losses in the affected streams, including
description and location of measuring devices;
(7) Existing groundwater quality and classification; and
(S) Location of all water wells and their uses.
b. Description of the impacts and Net Effect of the project on
groundwater.
Water Quantity.
a. Map and/or description of existing stream flows and reservoir
levels.
b. Map and/or description of existing colorado water conservation
BOCC held minimum stream flows.
c. Descriptions of the impacts and Net Effect that the project would
have on water quantitY.
5.
d. Statement of methods for efficient utilization of water
GARFIELD COUNTV LINO USC AND DEVELOPMENT CODE 14-14
G
6. Floodplains, Wetlands and Riparian Areas.
a. Map and/or description of all Floodplains, Wetlands (whether or
not they are jurisdictional, Wetlands as defined by the Corps of
Engineers), and Riparian Areas to be affected by the project,
including a description of the types of Wetlands, species
composition, biomass, and functions.
b. Description of the source of water interacting with the surface
systems to create each Wetland (i.e., side-slope runoff, over-bank
flooding, groundwater seepage, etc.) or Riparian Area.
c. Description of the impacts and Net Effect that the project would
have on the Floodplains, Wetlands, and Riparian Areas.
7. Terrestrial and Aquatic Animals and Habitat.
a. Map and/or description of terrestrial and aquatic animals including
the status and relative importance of game and nongame wildlife,
livestock and other animals; a description of streamflows and lake
levels needed to protect the aquatic Environment; and description
of threatened or endangered animal species and their habitat.
b. Map and description of critical wildlife habitat and livestock range
to be affected by the project, including migration routes, calving
areas, summer and winter range, spawning beds, and grazing
areas.
c. Description of the impacts and Net Effect that the project would
have on terrestrial and aquatic animals, habitat, and food chain.
B. Terrestrial Plant Life. Map and/or description of terrestrial and aquatic
plant life including the type and density, and threatened or endangered
plant species and habitat.
a. Descriptions of the impacts and Net Effect that the project would
have on terrestrial and aquatic plant life.
9. Soils, Geologic Conditions, and Natural Hazards.
a. Map and/or description of soils, geologic conditions, and natural
hazards including, but not limited to, soil types, drainage areas,
slopes, Avalanche Areas, debris fans, mud flows, rock slide areas,
faults and fissures, seismic history, and wildfire hazard areas.
b. Descriptions of the risks to the project from natural hazards.
c. Descriptions of the impact and Net Effect of the project on soil and
geologic conditions in the area'
Hazardous Materials Description.
1, Description of all hazardous, toxic, and explosive substances to be used,
stored, transported, disturbed, or produced in connection with the project,
including the type and amount of such substances, their location, and the
practices and procedures to be implemented to avoid accidental release
and exposure.
2. Location of storage areas designated for equipment, fuel, lubricants, and
chemical and waste storage with an explanation of spill containment
structures.
Monitoring and Mitigation Plan.
1. Description of all Mitigation that is proposed to avoid, minimize, or
compensate for adverse impacts of the project and to maximize positive
lmpacts of the project.
H.
GARFTELD Gounrv LAND UsE lt¡o Developlurrur Gooe 14-15
a. Describe how and when Mitigation will be implemented and
financed.
b. Describe impacts that are unavoidable that cannot be mitigated.
2. Description of methodology used to measure impacts of the project and
effectiveness of proposed Mitigation measures.
3. Description, location, and intervals of proposed monitoring to ensure that
Mitigation will be effective.
l. Additional Information May Be Necessary.
The Director may request that the Applicant supply additional information related to the
project if the BOCC will not be able to make a determination on any of the approval
standards without the additional information.
14.402. ADDIT¡ONAL SUBMITTAL REQUIREMENTS APPLICABLE TO AREAS AROUND
AN AIRPORT OR HELIPORT.
ln addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, an application proposing to develop land use in areas around Airports and
Heliports shall require the following submittals:
A. Location MaP.
A map or drawing showing the location of the subject property in relation to Airport
lmaginary Surfaces.
B. Elevation Profiles and Site Plan.
Elevation profiles and a Site Plan including:
1. Location of existing and proposed structures in relation to Airport/Heliport
lmaginary Surfaces.
2. Height of all existing and proposed structures, measured in feet above
mean sea level.
C. Written Agreements for Height Exception.
Written agreements from the AirporVHeliport Sponsor and the FAA, if a height exception
is requested.
D. Declaration of Anticipated Noise Levels.
A declaration of anticipated noise levels for property located within Noise lmpact Area
Boundaries. For noise sensitive land use located in areas where the noise level is
anticipated to be at or above 55 Ldn, the Applicant shall be required to demonstrate that
a noise abatement strategy will be incorporated into the building design that will achieve
an indoor noise level equal to or less than 55 Ldn.
E. Avigation Easement.
An avigation easement dedicated to the Airport owner in a form acceptable to the Airport
Sponsór. The avigation easement shall allow unobstructed passage for aircraft and
ensure safety and use of the Airport for the public.
14.403. ADDITIONAL SUBMITTAL REQUIREMENTS APPLIGABLE TO DEVELOPMENT IN
AREAS AROUND RAPID OR MASS TRANSIT FAC¡LITIES.
ln addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, development in areas around Rapid or Mass Transit Facilities shall require the
following additional submittals:
G¡RHeIo COUNTY LAND USE AND DEVELOPTUENT GOOE '14-16
A. Traffic RelationshiPs.
One or more maps at sufficient scale showing the location of the proposed development
and its relationship to the Rapid or Mass Transit Station or Terminal and the
lnterchanges, streets, Highways, parking lots, and public facilities which are adjacent to
or form an integral part of the operation of the Rapid or Mass Transit Facility.
B. Traffic Generation.
A narrative description of the motor vehicle, bicycle, and pedestrian traffic likely to be
generated by the proposed development including, but not limited to, traffic generation at
various times of the day, potential congestion, and potential demand for parking
generated by the development.
C. Traffic lmpacts.
A narrative description of the impacts of the proposed development to the Rapid or Mass
Transit Facility.
D. Traffic Access.
Maps or diagrams illustrating the vehicular, pedestrian, and bicycle routes that can be
utilized to gáin access between the proposed development and the adjacent Rapid or
Mass Transit FacilitY.
14-404. ADDITIONAL SUBM¡TTAL REQUIREMENTS APPLICABLE TO MUNICIPAL AND
INDUSTRIAL WATER PROJECTS.
A. Efficient Water Use.
Description of efficient water use, recycling, and reuse technology the project intends to
use.
B. Municipal and lndustrial Water Projects'
Map and description of other municipal and industrial water projects in the vicinity of the
prdect, including their capacity and existing service levels, location of intake and
disóharge points, service fees and rates, debt structure, and service plan boundaries
and reasons for and against hooking on to those facilities'
C. Demand.
Description of demands that this project expects to meet and basis for projections of that
demand.
14.405. ADDITIONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
OF SOLID WASTE DISPOSAL SITES.
[Placeholder for future Regulations, should any be adopted by the BOCC.]
14-406. ADDITIONAL SUBM¡TTAL REQUIREMENTS APPLICABLE TO S¡TE SELECTION
OF MAJOR NEW DOMESTIC AND SEWAGE TREATMENT SYSTEMS'
[Placeholder for future Regulations, should any be adopted by the BOCC.]
14.407. ADD¡T¡ONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
OF MAJOR EXTENSIONS TO EXISTING DOMESTIC WATER AND SEWAGE
TREATMENT SYSTEMS..
[Placeholder for future Regulations, should any be adopted by the BOCC.]
Grnflelo CouNTY Ln¡¡o Use AND DEvELopment GooE 14-17
14.408. ADDITIONAL SUBMITTAL REQUIREMENTS APP LICABLE TO SITE SELECTION
FOR ARTERIAL HIGHWAYS, INTERCHANGES AND COLLECTOR HIGHWAYS.
ln addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing Arterial Highways, lnterchanges, or Collector Highways
shall include the following information.
A. Traffic Patterns.
Description of how the project will affect traffic patterns as well as nonmotorized traffic.
B. Surrounding Land Uses.
Description of how the new roads will likely affect surrounding land uses and existing
community patterns.
C. Traffic Demands.
Description of how new roads will serve community traffic demands.
D. Gompliance.
Description of how new roads will comply with other local, State, and Federal regulations
and master plans.
14.409. ADDITIONAL SUBMITTAL REQUIREMENTS FOR SITE SELECTION FOR RAPID
OR MASS TRANSIT TERMINALS OR STATIONS.
ln addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing Terminals or Stations associated with a Rapid or Mass
Transit System shall include the following information.
A. Type of MechanicalTransit Gonveyance.
Description of the type or types of mechanical transit conveyance that will be utilized to
carry passengers to and from the Station or Terminal, and a description of the means of
access to and from the Station or Terminal including pedestrian, bicycle, automotive,
bus, carpool, gondolas, lifts, and other intermodal connections either existing or
reasonably foreseen to be developed in the area.
B. Analysis of Passengers.
An analysis of the passengers that will utilize the proposed facility. Such analysis shall
be based on the best information available and shall include:
1. Whether the passengers will be utilizing the Rapid or Mass Transit
System to travel to and from employment or for some other purpose;
2. The number of automobiles that the passengers will drive to the Station or
Terminal at or just before any scheduled departure;
3. The number of passengers that will likely ride only one way on any given
day; and
4. The number of passengers that can be expected to bring baggage,
recreational equipment, tools, or other material.
G. Anticipated Schedule.
The anticipated schedule of departures and arrivals at the Station or Terminal and the
expected capacity of each transit unit. Separate figures shall be given for peak and off-
peak hours, weekdays and weekends, and peak and off-peak seasons.
D. Maximum Length of AnY Train.
The maximum length of any train that will serve the Station or Terminal, excluding
propulsion units.
Gennelo Courrv LAND UsE AND DEVELoPMENT CoDE 14-18
E. Basic Floor Plan and Architectural Sketches.
Basic floor plans and architectural sketches of each proposed building or structure
together with a Site Map showing the relative location of each building or structure.
Such plans and sketches shall show the location and length of platforms to be used to
load and unload passengers.
F. Map of All Associated Roadways, Parking Areas and Other Facilities.
A map of all associated roadways, parking areas, and other facilities. Design details
such as width, layout, traffic flow, pavement markings, and traffic control devices shall
either be illustrated on the map or adequately described in supporting documents.
14.410. ADDITIONAL SUBMITTAL REQU¡REMENTS FOR SITE SELECTION FOR FIXED
GUIDEWAYS.
ln addition to the submittal requirements set forth in section 14-401, Description of Submittal
Requirements, an application proposing a fixed guideway shall include the following information:
A. Type of Motive Power.
Description of the type of motive power that will be used to propel transit vehicles along
the guideway (e.g. diesel, electric, electrified third rail, catenary system).
B. Minimum and Optimum Width of Right'Of'Way.
Description of the minimum and the optimum width of the right-of-way necessary for the
guideway, together with maps showing the proposed right-of-way, including its location
within incorporated municipalities. Such maps or supporting documentation referring to
the maps shall also indicate the maximum anticipated speed of transit vehicles along the
various segments of the guidewaY.
C. Minimum and Maximum Passenger Gapacity.
Description of the minimum and maximum passenger capacity of the transit vehicles that
will travel on the guideway and the anticipated frequency or scheduling of guideway use.
D. Maximum Length of AnY Trail.
Description of the maximum length of any train that will travel upon the guideway with
separate figures for the length of passenger carrying units and for propulsion units.
Self-propelled units shall be considered as passenger units.
E. Maximum Proposed Grade.
The maximum proposed grade of the guideway and the maximum curvature
curves in excess of 10 degrees shall be indicated on the map'
Proposed
F. Building or Structure Removal.
Description of all buildings or other structures that must be removed in order for the
proposed guideway to be built.
G. Methods Planned to Prevent Gollision.
Description of the methods planned to prevent collisions at points where the proposed
guideway crosses other Transportation Corridors.
14.411. ADDIT¡ONAL SUBMITTAL REQUIREMENTS APPLICABLE TO SITE SELECTION
FOR AIRPORT OR HELIPORT LOCATION OR EXPANSION.
ln addition to the submittal requirements in section 14-401, Description of Submittal
Requirements, an application proposing to locate or expand an Airport or Heliport shall
require the following submittals:
Grnnelo Coururv LANo UsE AND DEvELopuent Gooe '14-19
A. Airport LaYout Plan.
Airports shall be developed in accordance with an FAA-approved Layout Plan, or a
Layout plan approved by the BOCC, complying with FAA Advisory Circular 150/5300-
13Â and the cuirent Northwest Mountain Region Airport Layout Plan Checklist.
B. Heliport or Helistop Layout Plan.
Heliports and Helistops shall be developed in accordance with an FAA-approved Layout
plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular
1SO/S39O-2. Í¡e plan shall be sufficient to depict the design, the layout of existing and
planned facilities and features, ground contours at 1O-foot intervals, the Building
'Restriction Lines, the relationship of the Final Approach and Takeoff Area (FATO), the
Touchdown and Lift-off Area (TLOF), the safety area and the Approach/Departure and
Transitional Surfaces (as defìned in FAA Advisory Circular 150/5390-2) to the land
parcel(s) on which the HeliporVHelistop is to be located and to adjoining land parcels.
npproàin profiles shall depict the composite profile based on the highest terrain across
the width and along the length of each approach surface (Helistop approach surface
profiles are required for the inner 1,000 feet only).
C. Description of Effect.
Description of effect on State and local economic and transportation needs.
Approval of a 1041 Permit shall be based on whether the proposed project satisfies the
following approval standards.
14.50I. GENERAL APPROVAL STANDARDS'
The following general standards shall apply to all applications subject to review under this
Article:
A. Necessary Permits Will Be Obtained.
Documentation that prior to site disturbance associated with the proposed project, the
Applicant can and w¡il obtain all necessary property rights, permits, and approvals. The
AöCC may, at its discretion, defer making a final decision on the application until
outstanding property rights, permits, and approvals are obtained.
B. Expertise and Financial Gapability.
The Applicant has the necessary expertise and financial capability to develop and
operateihe proposed project consistent with all requirements and conditions.
C. TechnicalandFinancialFeasibility.
The proposed project is technically and financially feasible. This determination may
include, but is not limited to, the following considerations:
1. Amount of debt associated with the proposed activity;
2. Debt retirement schedule and sources of funding to retire the debt;
3. Estimated construction costs and construction schedule;
4. Estimated annual operation, maintenance and monitoring costs; and
5. Market conditions.
D. Gompatibility with Surrounding Land Uses.
The proposed operation will be located so as to mitigate cumulative impacts to roads,
air, and water qualitY.
E. Risk From Natural Hazards.
The proposed project is not subject to significant risk from natural hazards'
determination may include, but is not limited, to the following considerations:
This
DIVISION 5. lÙ4l PERMIT APPROVAL STAN DARDS
Grnnelo Cou¡¡rv LAND UsE AND DEvEloplvle¡r Gooe 14-20
1. Faults and fissures;
2. Unstable slopes including landslides, rock slides, and Avalanche Areas;
3. Expansive or evaporative soils and risk of subsidence;
4. Wildfire hazard areas; and
5. FloodPlains.
F. Consistent Plans.
The proposed project will be in conformance with the Comprehensive Plan, municipal
master plans, and any other applicable plan.
G. Effect on Local Government Services.
The proposed project will not have a significant adverse effect on the capability of local
government to provide services or exceed the capacity of service delivery systems. This
determination may include, but is not limited, to the following considerations:
1. Existing and potential financial capability of local governments to
accommodate development related to the proposed activity;
2. Current and projected capacity of roads, schools, infrastructure, housing,
and other services and impact of the proposed activity upon the capacity;
3. Changes caused by the proposed activity in the cost of providing
education, transportation networks, water treatment and wastewater
treatment, emergency services, or other governmental services or
facilities;
4. Changes in short- or long-term housing availability, location, cost, or
condition;
5. Need for temporary roads to access the construction of the proposed
activitY;
6. Change in demand for public transportation; and
T. Change in the amount of water available for future water supply in the
County.
H. Housing.
The proposed project will not have a significant adverse effect on housing availability or
cost.
l. Financial Burden.
The proposed project will not create an undue financial burden on existing or future
residents of the County. This determination may include, but is not limited to, the
following considerations:
1. Changes in assessed valuation;
2. Tax revenues and fees to local governments that will be generated by the
proposed activitY;
3. Changes in tax revenues caused by agricultural lands being removed
from production;
4. Changes in costs to water users to exercise their water rights;
5. Changes in costs of water treatment or wastewater treatment;
6. Effects on wastewater discharge Permits;
T. lnability of water users to get water into their diversion structures; and
8. Changes in total property tax burden.
J. Effect on EconomY.
The proposed project will not Significantly Degrade any sector of the local
determination may include, but is not limited to, the following considerations:
economy. This
Gennelo Gour,¡rv LAND UsE ¡¡¡o Devetopltle¡lr Cooe 14-21
1.Changes to projected revenues generated from each economic sector;
2. Changes in the value or productivity of any lands; and
3. Changes in opportunities for economic diversification'
K. Recreational ExPerience.
The proposed project will not have a significant adverse effect on the quality or quantity of
recreational opportunities and experience. This determination may include, but is not limited to,
the following considerations:
L Changes to existing and projected visitor days;
2. Changes to duration of kayaking and rafting seasons;
3. Changes in quality and quantity of fisheries;
4. Changes in access to recreational resources;
5. Changes to quality and quantity of hiking trails;
6. Changes to the wilderness experience or other opportunity for solitude in
the natural Environment;
7. Changes to hunting; and
8. Changes to the quality of the skiing experience'
L. Gonservation.
The planning, design, and operation of the proposed project will reflect principles of
resource conservation, energy efficiency and recycling or reuse.
M. Natural Environment.
The proposed project will not Significantly Degrade the natural Environment. For
purposes of this section, the term Environment shall include:
1, Air quality;
2. Visualquality;
3. Surface water qualitY;
4. Groundwater qualitY;
5. Wetlands and RiParian Areas;
6. Terrestrial and aquatic animal life;
7. Terrestrial and aquatic plant life; and
8. Soils and geologic conditions.
a. The determination of effects of the proposed activity on air quality
may include, but is not limited to, the following considerations:
(1) Changes to seasonal ambient air quality;
(21 Changes in visibility and microclimates; and
(3) Applicable air quality standards.
(4) The determination of visual effects of the proposed activity
may include, but is not limited to, the following
considerations:
(5) Visual changes to ground cover and vegetation, waterfalls
and streams, or other natural features;
(6) lnterference with view sheds and scenic vistas;
(71 Changes in appearances of forest canopies;
(S) Changes in landscape character types or unique land
formations; and
G¡nHelo Goutrv LAND UsE AND DEvELopl'le¡¡r Gooe 14-22
(e)Compatibility of building and structure design and materials
b.
G.
d.
e.
with surrounding land uses.
The determination of effects of the proposed activity on surface
water quality may include, but is not limited to, the following
considerations:
(f) Changes to existing water quality, including patterns of
water circulation, temperature, conditions of the substrate,
extent and persistence of suspended particulates and
clarity, odor, color or taste of water;
(2) Applicable narrative and numeric water quality standards;
(3) Changes in point and nonpoint source pollution loads;
(4) lncrease in erosion;
(5) Changes in sediment loading to Water Bodies;
(6) Changes in stream channel or shoreline stability;
(71 Changes in stormwater runoff flows;
(8) Changes in trophic status or in eutrophication rates in
lakes and reservoirs;
(9) Changes in the capacity or functioning of streams, lakes,
or reservoirs;
(f 0) Changes in flushing flows; and
(f 1) Changes in dilution rates of mine waste, agricultural runoff,
and other unregulated sources of pollutants.
The determination of effects of the proposed activity on
groundwater quality may include, but is not limited to, the following
considerations:
(1) Changes in aquifer recharge rates, groundwater levels and
aquifer capacity including seepage losses through aquifer
boundaries and at aquifer-stream interfaces;
(21 Changes in capacity and function of wells within the lmpact
Area; and
(3) Changes in quality of well water within the lmpact Area.
The determination of effects of the proposed activity on Wetlands
and Riparian Areas may include, but is not limited, to the following
considerations:
(1) Changes in the structure and function of Wetlands;
(21 Changes to the filtering and pollutant uptake capacities of
Wetlands and Riparian Areas;
(3) Changes to aerial extent of Wetlands;
(4) Changes in species' characteristics and diversity;
(5) Transition from Wetland to upland species; and
(6) Changes in function and aerial extent of Floodplains.
The determination of effects of the proposed activity on terrestrial
or aquatic life may include, but is not limited to, the following
considerations:
(1) Changes that result in loss of oxygen for aquatic life;
lr2l Changes in flushing flows;
(3) Changes in species composition or density;
Gannelo Goumv LAND UsE AND DEvELoptue¡¡t Gooe 14-23
(4) Changes in number of threatened or endangered species;
(5) Changes to habitat and critical habitat, including calving
grounds, mating grounds, nesting grounds, summer or
winter range, migration routes, or any other habitat features
necessary for the protection and propagation of any
terrestrial animals;
(6) Changes to habitat and critical habitat, including stream bed
and banks, spawning grounds, riffle and side pool areas,
flushing flows, nutrient accumulation and cycling, water
temperature, depth and circulation, stratification, and any
other conditions necessary for the protection and
propagation of aquatic species; and
(7) Changes to the aquatic and terrestrialfood webs.
The determination of effects of the proposed activity on terrestrial
plant life or habitat may include, but is not limited to, the following
considerations:
(f) Changes to habitat of threatened or endangered plant
species;
(21 Changes to the structure and function of vegetation,
including species composition, diversity, biomass, and
productivitY;
(3) Changes in advancement or succession of desirable and
less desirable species, including noxious weeds; and
(4) Changes in threatened or endangered species.
The determination of effects of the proposed activity on soils and
geologic conditions may include, but is not limited to, the following
considerations:
(f ) Changes to the topography, natural drainage patterns, soil
morphology, and productivity, soil erosion potential, and
Floodplains;
(21 Changes to stream sedimentation, geomorphology, and
channel stability;
(3) Changes to lake and reservoir bank stability and
sedimentation, and safety of existing reservoirs;
(4) Changes to Avalanche Areas, mudflows and debris fans,
and other unstable and potentially unstable slopes; and
(5) Exacerbation of seismic concerns and subsidence'
N. Nuisance.
The proposed project will not cause a nuisance as defined within this Code.
O. Areas of Paleontological, Historic or Archaeological lmportance.
The proposed project will not Significantly Degrade areas of paleontological, historic, or
archaeological importance.
P. Release of Hazardous Materials.
The proposed project will not result in unreasonable risk of releases of hazardous
mateiials. ln making this determination as to such risk, the BOCC's consideration shall
include:
1. Plans for compliance with Federal and State handling, storage, disposal,
and transportation requirements;
f
g
G¡nHeLD Gout¡w LAND UsE AND DEvElopur¡¡t Gooe 14-24
Use of waste minimization techniques; and
Adequacy of spill prevention and response plans
O. Benefits Versus Loss of Resources'
The benefits accruing to the County and its citizens from the proposed activity outweigh
the losses of any resources within the County, or the losses of opportunities to develop
such resources.
R. Best Alternative.
The proposed project represents the alternative that best complies with this Code.
S. Project Need.
The proposed project is needed within the County and/or area to be served.
14.502. ADDITIONAL STANDARDS APPLICABLE TO RAPID OR MASS TRANSIT
FACILITIES.
ln addition to the general standards set forth in section 14-501, the following additional
standards shall apply to Rapid or Mass Transit Facilities:
A. Areas Around Rapid or Mass Transit.
Areas around Rapid or Mass Transit Facilities shall be administered to:
1. Promote the efficient utilization of the Rapid or Mass Transit Facility;
2. Facilitate traffic circulation patterns of roadways serving the Mass Transit
Facility; and
3. Promote development that will include bike and pedestrian paths
providing access to the Rapid or Mass Transit Facility.
B. Site Selection.
Site Selection of Rapid or Mass Transit Facilities.
1. Activities involving Rapid or Mass Transit Facilities shall be conducted
with reasonable considerations to the character of the area and its
peculiar suitability for particular uses.
2. Rapid or Mass Transit Facilities shall be located so as to preserve the
value of buildings at the site and avoid demolition of businesses or
residences to the extent possible. Proposed locations of Rapid or Mass
Transit Facilities which will not require the demolition of residences or
busiriesses shall be given preferred consideration over competing
alternatives.
3. Rapid or Mass Transit Facilities shall be located in a manner that
encourages the most appropriate use of land through the affected
corridor.
4. A proposed location of a rapid or Mass Transit Terminal, Station, or Fixed
Guideway that imposes a burden or deprivation on a local government
cannot be justified on the basis of local benefit alone, nor shall a Permit
for such a location be denied solely because the location places a burden
or deprivation on one local government as required by C.R.S. $ 24-65'1-
20a(a)@).
S. Stations, Shelters, and Terminals shall be appropriately located to meet
transit needs and to attract maximum ridership. The length of passenger
platforms shall equal or exceed the maximum length of any train or other
conveyance that will load and unload passengers at the Station.
6. Rapid or Mass Transit Facilities shall have adequate and safe ingress
and egress for all transit modes.
2.
3.
Gennelo Cou¡¡rY Lnno Use AND DEvElopuext Cooe 14-25
7. The location of Fixed Gu ideways shall maximize joint use of rights-of-way
for trails and bikeways and other transportation alternatives'
8. Rapid or Mass Transit Facilities shall be designed and located in a
manner that will reduce traffic congestion and resulting air pollution.
g. Rapid or Mass Transit Facilities shall be located and designed so as to
minimize noise and to protect and preserve unique natural and cultural
factors and visual amenities.
10. Guideway design and location shall not permit snow plumes from snow
removal equipment on the guideway to reach the travel surface of a
plowed public road except at intersections, nor shall guideways be placed
or designed so that snow plumes from snow removal equipment on public
roads w¡ll reach the guideway. ln determining the right-of-way and
corridor alignment for Rapid Transit, consideration shall be given to areas
needed for snow storage along the guideway.
11. The parking areas associated with a rapid or Mass Transit Terminal or
Station shall be capable of holding a number of automobiles that equals
the number of passengers expected to ride on peak periods multiplied by
a factor of .75 unless the Applicant can demonstrate through studies that
a lesser number is sufficient.
a. The required capacity for parking areas associated with a
Terminal or station may be modified based upon sufficient
evidence of passenger loading from other forms of intermodal
transfer (such as Amtrak, tour buses, regional surface buses,
carpools, etc.).
b. The Applicant may initially provide a smaller number of parking
spaces if the total area dedicated to potential parking expansion is
si-lown to be large enough to accommodate the required number
of parking spaces and the Applicant provides financial security
acceptable to the Bocc which guarantees that the required
number can be built if actual need is shown after operation begins.
12. Access roads to a rapid or Mass Transit Station or Terminal shall be
designed, constructed or improved to accommodate, during a 15 minute
periıd, the maximum number of automobiles anticipated to arrive before
ihe scheduled departure of the Mass Transit conveyance without causing
cars to back up onto the public road serving the facility.
13. The Manual on Traffic Control Devices shall apply to safety devices at
intersections of a Fixed Guideway and other Transportation Corridors.
14.503. ADDITIONAL STANDARDS APPL¡CABLE TO SITE SELECTION OF SOLID WASTE
DISPOSAL SITES.
ln addition to the general standards set forth in Section 14-501, the following additional
standards shall apply to site selection of Solid Waste Disposal Sites:
A. State and Federal Regulations.
Demonstration of compliance with all applicable State and Federal laws and regulations
14.504. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION OF DOMESTIC
WATER AND SEWAGE TREATMENT SYSTEMS.
ln addition to the general standards set forth in Section 14-501, the following additional
standards shall apply to site selection of Domestic Water and Sewage Treatment Systems:
GARFTELD Cour.¡rv LAND UsE aruo Develop¡¡e¡¡r GooE 14-26
A. State and Federal Regulations'
Demonstration of compliance with all applicable State and Federal laws and regulations.
14-505. ADDITIONAL STANDARDS APPLICABLE TO SITE SELECTION FOR ARTERIAL
HIGHWAYS AND INTERCHANGES.
ln addition to the general standards set forth in section 14-501, the following additional
standards shall apply to site selection for Arterial Highways and lnterchanges:
A. Areas Around Arterial Highways, Interchanges, and Gollectors.
Areas around Arterial Highways, lnterchanges, and Collector Highways shall be designed and
administered to:
1. Encourage the smooth flow of traffic;
2. Foster the development of such areas in a manner calculated to preserve
the smooth flow of such traffic;
3. Preserve desirable existing community patterns;
4. Minimize danger associated with Highway traffic; and
5. Encourage compatibility with non-motorized traffic.
B. Site Selection.
1. Arterial Highways and lnterchanges shall be located and designed so that
community traffic needs are met.
2. Arterial Highways and lnterchanges shall be located and designed so that
desirable community patterns are not disrupted.
14.506. ADDITIONAL STANDARDS APPLICABLE TO AREAS AROUND AIRPORTS AND
HELIPORTS.
A. Protection of Public Health, Safety and Welfare.
Areas around Airports and Heliports shall be administered to avoid danger to public
safety and health or to property due to aircraft crashes. ln addition to the general
standards set forth in section 14-501, the following standards apply to land use in areas
around Airports and HeliPorts.
B. Prohibited Uses and Activities.
1. The following uses are prohibited in the AirporUHeliport lnfluence Overlay
District.
a. Sanitary landfills; and
b. Water treatment plants.
2. No structures shall be allowed in the Runway Protection Zond (RPZ),
except that accessory structures to Airport operations may be located in
the RPZ based upon approval by the FAA. For purposes of this
document, tee markers, tee signs, pin cups, and pins are not considered
to be structures.
3. Public assembly facilities are prohibited in the RPZ'
4. High density uses shall be prohibited in Approach Surfaces.
C. Permitted Uses and Activities.
The following uses are permitted within the Airport/Heliport lnfluence Area Overlay to the
extent that they are permitted by the underlying zone district, and the proposed use
complies with applicable standards for the zone district, the use restrictions set forth in
Table 3-303.A, Airport Overlay use Restriction and Table 3-303.8, Use Restrictions
Based on Noise Levels.
Grnnelo Couruw LAND UsE AND DEvELopmenr Cooe 14-27
1. Public Assembly Facilities. Public assembly facilities may be a llowed in
Approach Surfaces if the potential danger to public safety is minimal.
2. Residential. Residential structures shall be located outside Approach
Surfaces unless no practicable alternatives exist.
3. Golf Courses. Golf courses may be allowed conditioned upon the use of
accepted management techniques to reduce existing Wildlife attractants
and to avoid the creation of new wildlife attractants.
4. Farm Use. Farming practices that comply with the recommendations of
FAA Advisory Circular 150/5200-34, Hazardous Wildlife Attractants on or
Near Airports, shall be encouraged.
5. Utilities.
a. ln the RPZ, utilities, power lines, and pipelines shall be located
underground.
b. ln Approach Surfaces and Airport Direct and Secondary lmpact
Areas, the proposed height of utilities shall be coordinated with the
Airport Sponsor and the BOCC.
6. Wetland Mitigation, Creation, Enhancement, and Restoration. Wetland
construction, enhancement, restoration, or Mitigation projects within the
overlay district shall be subject to review under the Major lmpact Review,
and may be permitted based upon compliance with the applicable
standards.
a. Location of Wetland Mitigation banks outside Approach Surfaces
and areas regulated under this overlay district is encouraged
because of the potential for increased air navigation safety
hazards.
b, Wetland Mitigation, creation, enhancement, or restoration projects
existing or approved on the effective date of these Regulations
and located within areas regulated under this overlay area are
recognized as lawfully existing uses.
7. Water lmpoundments in Approach Surfaces, Direct lmpact Areas, and
Secondary lmpact Areas. Any use or activity that would result in the
establishment or expansion of water impoundments in Approach
Surfaces, Direct lmpact Areas, and Secondary lmpact Areas shall comply
with the following requirements:
a. No new or expanded water impoundments of 114 acre in size or
larger shall be permitted within an Approach Surface and within
5,000 feet from the end of a RunwaY.
8. No new or expanded water impoundments of 114 acre in size or larger
shall be permitted on land owned by the Airport/Heliport Sponsor that is
necessary for AirporUHeliport operations.
D. Noise.
Land use proposed to be located within the Noise lmpact Area Boundaries shall comply
with the Airport Master Plan and FAA Regulations.
E. Avigation and Hazard Easement.
An avigation and hazard easement allowing unobstructed passage for aircraft and
ensuring safety and use of the Airport for the public shall be provided and dedicated to
the Airport Sponsor.
1. Recording. The avigation and hazard easement shall be recorded in the
office of the County Clerk and Recorder.
GARFTELD Cou¡¡w LAND UsE AND DEvElopr'¡e¡¡r Cooe 14-28
F
2. Applicant shall provide a copy of the recorded instrument prior to
issuance of a Building Permit.
Declaration of Anticipated Noise Levels.
1. A declaration of anticipated noise levels shall be provided for any
proposed Land Use Change, including division of land, or Building Permit
application for property located within Noise lmpact Boundary.
2. ln areas where the noise level is anticipated to be at or above 55 Ldn, for
construction of a noise sensitive land use such as hotel/motel, school,
church, hospital, public library, or similar use, the Applicant shall be
required to demonstrate that a noise abatement strategy will be
incorporated into the building design that will achieve an indoor noise
level equal to or less than 55 Ldn.
G. GommunicationsFacilitiesandElectricallnterference.
No use shall cause or create electrical interference with navigational signals or radio
communications between an AirporUHeliport and aircraft.
1. Location of new or expanded radio, radiotelephone, and television
transmission facilities and electrical transmission lines within the
AirporUHeliport lnfluence Area Overlay shall be coordinated with the
BOCC and the ¡¡4 Prior to aPProval.
2. The approval of cellular and other telephone or radio communication
towers on leased property located within Airport lmaginary Surfaces shall
be conditioned upon their removal within 90 days following the expiration
of the lease agreement. A bond or other security shall be required to
ensure this requirement.
H. Outdoor Lighting.
Lighting other than that associated with AirporUHeliport operations shall comply with the
following standards.
1. Lighting shall not project dírectly onto an existing Heliport, Runway or
taxiway or into existing Airport Approach Surfaces.
2. Lighting shall incorporate shielding to reflect light away from Airport
Approach Surfaces.
3. Lighting shall not imitate Airport lighting or impede the ability of pilots to
distinguish between AirporVHeliport lighting and other lighting.
l. Use of Reflective Materials Prohibited.
No glare-producing material including, but not limited to, unpainted metal or reflective
glass, shall be used on the exterior of structures located within an Airport Approach
Surface or on nearby lands where glare could impede a pilot's vision.
J. lndustrial Emissions That Obscure Visibility Prohibited.
No development shall, as part of its regular operations, cause emissions of smoke, dust,
or steam that could obscure visibility within Airport Approach Surfaces. The BOCC shall
impose conditions determined to be necessary to ensure that the use does not obscure
visibility.
K. Height Restrictions.
All uses permitted by the underlying zone shall comply with the height limitations in this
Section. When height restrictions of the underlying zone district are more restrictive than
those of the overlay district, the underlying zone district height limitations shall control.
L. Penetration of Development into lmaginary Surface Area.
No structure or tree, plant, or other object of natural growth shall penetrate an Airport
lmaginary Surface, except as follows:
Gennelo Cou¡¡rv LAND UsE nno Devetopmelr Cooe 14-29
1. Structures up to 35 feet in height may be permitted in areas within
AirporUHeliport lmaginary Surfaces, except those outside the Approach
and Transitional Surfaces where the terrain is at higher elevations than
the Airport Runway/Heliport surfaces such that existing structures and
permitted development penetrate or would penetrate the Airport
lmaginary Surface.
2. Written agreement by the Airport Sponsor and the FAA shall be provided
for other height exceptions requested.
M. Wetland Gonstruction, Enhancement, Restoration, or Mitigation.
Wetland construction, enhancement, restoration, or Mitigation projects within the overlay
district shall be shall comply with the following standards.
1. Wetland projects shall be designed and located to avoid creating a wildlife
hazard or increasing hazardous movements of birds across Runways or
Approach Surfaces; and
2. Wetlands projects that create, expand, enhance, or restore Wetlands that
are proposed to be located within the overlay district and that would result
in the creation of a new water lmpoundment or expansion of an existing
water lmpoundment, shall demonstrate all of the following:
a. Off-site Mitigation is not practicable;
b. The Wetland project involves existing Wetland Areas regulated
under the overlay district that have not been associated with
attracting problematic wildlife to the AirporVHeliport vicinity;
c. The affected Wetlands provide unique ecological functions, such
as critical habitat for threatened or endangered species or ground
water discharge;
d. The resulting Wetlands are designed, and shall be maintained in
perpetuity in a manner that will not increase hazardous
movements of birds feeding, watering, or roosting in areas across
Runways or Approach Surfaces; and
e. The proposed Wetland project shall be coordinated with the
Airport Sponsor, the BOCC, the FAA and FAA's Technical
Representative, the Colorado Parks and Wildlife, the U.S. Fish
and Wildlife Service, and the U.S. Army Corps of Engineers as
part of the Permit application.
f. Restrictions ln RPZ, Approach Surface, and lmpact Areas. The
land use restrictions in the RPA, Approach Surface, Direct lmpact
Areas and Secondary lmpact Area are identified in Table 14-
506.M.
N. Separation of Noise-Sensitive Land Use.
Areas around Airports and Heliports shall be administered to encourage land use
patterns that will separate uncontrollable noise sources from residential and other noise-
sensitive areas. Within Airport or Heliport Noise lmpact Boundaries, the following land
use restrictions shall apply, based upon the noise levels identified in Table 14-506.N.
Gennelo CouNw Lm¡o Use AND DEVELopmenr Gooe 14-30
PLPLPublic Airport
PL2LNResidential
PLLNCommercial
PLPNlndustrial
L PNLlnstitutional
P PL3PRoads/Parkino
P PLPParks/Open Space
L PNLAthletîc Flelds
L LNLMinins
1. Within 10,000 feet from the end of the primary surface of a nonprecision instrument Runway, and within
50,000 feet from the end of the primary surface of a precision instrument Runway.
2. Residential densities within Approaclr and Transitional Surfaces should not exceed: (1) within 500 feet of
the outer edge of the RPZ, 1 unit per ac¡e: (2) within 500 to 1,500 feet of the outer edge of the RPZ, 2 units
per acre; (3) within 1,500 to 3,000 feet of the outer edge of the RPZ, 4 units per acre.
3. Roads and parking areas are permitted in the RPZ only upon demonstration that there are no practicable
alternatives. Lighté, guardrails, and related accessory structures are prohibited. Cost may be considered in
determining whether practicable alternatives exist.
Source: Model Public Use Airport Safety And Compatibility Overlay Zone (Visual and lnstrument Approach
Airports), Oregon Department of Aviation
Tabte 14-506.M.: Use Restrict¡ons, RPZ, Approach Surface, and
P = Permitted
L = Allowed with Limitations
N = Use is Not Allowed
IMPAcT
RPZ
lmpact Areas.
DIREcT IMPACT
AREA
Srcoxomv
AREA
APPROACH
SuRrlcet
GARFTELD Cout¡w LAND UsE AND DEVELoPMENT CoDE 14-31
L N N NPL
N N N NPN
L N NPLL
N N NPLL
N N NPLL
N NPLLP
L LPLLP
L NPLLP
NLLNPP
L L NPPL
L N NPPL
L NPLLP
L NPLLP
L NPLLP
NLLLPP
LLLLPL
NLNNPL
PPPPPP
N NLLNP
NNNNPN
NNNNPP
NYNNPY
N NPLLP
AC150/5020-1
14.507. ADDITIONAL STANDARDS APPL¡CABLE TO SITE SELECTION OF AIRPORT OR
HELIPORT LOCATION OR EXPANSION.
Airports and Heliports shall be located or expanded in a manner that will minimize disruption to
the Environment, minimize the impact on existing community services, and complement the
economic and transportation needs of the State and the area. ln addition to the general
standards set forth in section 14-501, the following standards shall apply to all applications
proposing the location or expansion of an Airport or Heliport.
A. Airport Layout.
Airports shall be developed in accordance with an FAA-approved Layout Plan, or a
Layout Plan approved by the BOCC, complying with FAA Advisory Circular 150i5300-
13Â and the current Northwest Mountain Region Airport Layout Plan Checklist, with the
exception that aircraft tie down dimensions need only be sufficient to provide adequate
clearances for the aircraft to be tied down.
GARFTELD Gou¡¡rY LAND UsE ruto Devetopn¡e¡¡r Cooe 14-32
B. Heliport Layout.
Heliports and Helistops shall be developed in accordance with an FAA-approved Layout
plan, or a Layout Plan approved by the BOCC complying with FAA Advisory Circular
r 50i5390-2.
C. Fabrication, Service, and Repair Operations.
All fabrication, service, and repair operations shall be conducted in compliance with
Airport Rules and Regulations.
D. Storage of Materials.
All storage of materials shall be within a building or obscured by fence.
E. Ability to Obtain Necessary Permits.
The Applicant can and will obtain all necessary property rights, Permits, approvals, and
easements (including needed easements for drainage, disposal, utilities, and avigation
within Airport area of influence) prior to site disturbance associated with the proposed
project. The BOCC may, at its discretion, defer making a final decision on the
application until outstanding property rights, Permits, and approvals are obtained.
F. Gonflict with Existing Easements.
The location of the Airport or Heliport site or expansion will not unduly interfere with any
existing easements for power or telephone lines, irrigation, mineral claims, or roads.
G. Relationship to Economic and Transportation Needs.
The location of the Airport or Heliport site or expansion compliments the existing and
reasonably foreseeable economic and transportation needs of the State and of the area
immediately served by the Airport, particularly Mass Transit Facilities.
H, Nuisance.
The location of the Airport or Heliport site or expansion shall not cause a nuisance as
defined within this Code. The immediate and future noise levels in communities within
the Airport area of influence to be caused by the Airport location or expansion and any
anticipated future expansion will not violate any applicable local, State, or Federal laws
or Regulations; provided that in any area with a potential noise level of CNR 110 or
more, no structure shall be allowed and existing structures shall be relocated.
14-601. FINAN IAL GUARANTEE REQUIRED.
Before any Permit is issued under this Code, the BOCC shall require the Applicant to file a
guarantee of financial security. The purpose of the financial guarantee is to assure the
following:
A. Gompletion.
The proposed project is completed and, if applicable, that the Development Area is
properly reclaimed.
B. Performance.
The Applicant performs all Mitigation requirements and Permit conditions in connection
with the construction, operation, and termination of the proposed project.
C. Increases Borne By Permit Holder.
lncreases in public facilities and services necessitated by the construction, operation,
and termination of the proposed project are borne by the Permit holder.
D. Shortfallto GountY Revenues.
Shortfalls to County revenues are offset in the event that the proposed project is
suspended, curtailed, or abandoned'
DIVISION 6. FINANCIAL GUARANTEE.
Ganneuo Goutrv LANo UsE AND DEvELoplueNr Cooe 14-33
14.602. AMOUNT OF FINANCIAL GUARANTEE.
ln determining the amount of the financial guarantee, the County shall consider the following
factors:
A. Estimated Gost of GomPletion.
The estimated cost of completing the proposed project and, if applicable, of returning the
Development Area to its original condition or to a condition acceptable to the County.
B. Estimated Gost of Performing All Mitigation.
The estimated cost of performing all Mitigation requirements and Permit conditions in
connection with the construction, operation, and termination of the proposed project,
including:
1. The estimated cost of providing all public services necessitated by the
proposed activity until 2 years after the proposed activity ceases to
operate; and
2. The estimated cost of providing all public facilities necessitated by the
proposed activity until all such costs are fully paid.
14-603. ESTIMATE.
Estimated cost shall be based on the Applicant's submitted cost estimate plus the BOCC's
estimate of the additional cost to the County of bringing in personnel and equipment to
accomplish any unperformed purpose of the financial guarantee. The BOCC shall consider the
duration of the development or activity and compute a reasonable projection of increases due to
inflation. The BOCC may require, as a condition of the Permit, that the financial security be
adjusted upon receipt of bids to perform the requirements of the Permit and this Code.
14,604. FORM OF FINANCIAL GUARANTEE
A. Form Acceptable.
The financial guarantee may be in any form acceptable to the BOCC and payable to the
County.
B. Guarantor or Surety.
lf the form is a security such as a guarantee or letter of credit, the guarantor or surety
shall be licensed to do business in Colorado. Should the license to do business in
Colorado be suspended or revoked, the Applicant shall have 60 calendar days, or a time
reasonable to the BOCC, after the BOCC receives notice thereof, to provide a substitute
guarantee in a form and type acceptable to the BOCC. Should the 1041 Permit holder
fail to make a substitution either prior to a lapse in licensure or within the time allowed,
the BOCC shall suspend the Permit until proper substitution has been made.
C. Gash Deposited.
At least 10% of the amount of the financial guarantee must be in cash deposited with the
County's treasurer and placed in an earmarked escrow account mutually agreeable to
the BOCC and Applicant.
14.706. RELEASE OF GUARANTEE.
The financial guarantee may be released only when:
A. Surrender of Permit.
The 1041 Permit has been surrendered to the BOCC before commencement of any
physical activity on the site of the permitted project; or
Grnnelo Coururv LAND UsE ¡¡¡o DeveloPMENT CoDE 14-34
B. Project Abandonment.
The project has been abandoned and the site has been returned to its original condition
or to a condition acceptable to the County; or
C. Satisfactory GomPletion.
The project has been satisfactorily completed; or
D. Completion of Phase.
A phase or phases of the project have been satisfactorily completed allowing for partial
release of the financial guarantee consistent with project phasing and as determined
appropriate by the BOCC; or
E. Satisfied Conditions.
The applicable guaranteed conditions have been satisfied.
14.606. GANCELLATION OF THE FINANCIAL GUARANTEE.
Any financial guarantee may be canceled only upon the BOCC's written consent, which may be
granted only when such cancellation will not detract from the purposes of the security.
'14.607. FORFEITURE OF FINANCIAL GUARANTEE
A. Written Notice.
lf the BOCC determines that a financial guarantee should be forfeited because of any
violation of the Permit, Mitigation requirements, conditions, or any applicable
Regulations adopted by the BOCC, it shall provide written notice to the surety and the
Applicant that the financial guarantee will be forfeited unless the Permit holder makes
written demand to the BOCC, within 30 days after Permit holder's receipt of notice,
requesting a hearing before the BOCC. lf no demand is made by the Permit holder
within said period, then the BOCC shall order the financial guarantee forfeited.
B. Public Hearing.
The BOCC shall hold a hearing within 30 days after the receipt of the demand by the
Permit holder. At the hearing, the Permit holder may present for the consideration of the
BOCC statements, documents, and other information with respect to the alleged
violation. At the conclusion of the hearing, the BOCC shall either withdraw the notice of
violation or enter an order forfeiting the financial guarantee.
C. Disbursement.
The deposit described above may be used by the BOCC in the event of the default or
allowed default of the Permit holder, only for the purposes of recovering on the surety or
fulfilling the Permit obligation of the Permit holder. ln the event that the ultimate
reviewing court determines that there has been a default by the Permit holder, that
portion of any moneys expended by the County from the escrow funds relating to such
default shall be replaced in the escrow account by the BOCC immediately following such
determination. The County may arrange with a lending institution, which provides
money for the Permit holder that said institution may hold in escrow any funds required
for said deposit. Funds shall be disbursed out of escrow by the institution to the County
upon County's demand for the purpose specified in this section.
D. lnadequate Revenue.
lf the forfeiture results in inadequate revenue to cover the costs of accomplishing the
purposes of the financial guarantee, the County Attorney shall take such steps as
deemed proper to recover such costs where recovery is deemed possible.
GARFTELD Gouxw LAND UsE nno Developue¡¡t Gooe 14-35
DIVISION 7. 1041 PERMIT ADMINISTRATION AND ENFORCEMENT.
14.701. ENFORCEMENT AND PENALTIES.
A. Enjoinment.
Any person engaging in development in the designated area of state interest or
conducting a designated activity of state interest who does not obtain a 1041 Permit
pursuant to this Code, who does not comply with 1041 Permit requirements, or who acts
outside the jurisdiction of the 1041 Permit may be enjoined by the County from engaging
in such development, and may be subject to such other criminal or civil liability as may
be prescribed by law.
B. Material Changes in the Gonstruction or Operation.
lf the County determines at any time that there are material changes in the construction
or operation of the project from that approved by the County, the 1041 Permit may be
immediately suspended and a hearing shall be held to determine whether new
conditions are necessary to ensure compliance with the approval standards or if the
1041 Permit should be revoked.
14.702. IO41 PERMIT SUSPENSION OR REVOCATION.
A. Temporary SusPension.
The BOCC may temporarily suspend the 1041 Permit for a period of 30 days for any
violation of the Permit or the applicable Regulations. The Permit holder shall be given
written notice of the violation and will have a minimum of 15 days to correct the violation.
lf the violation is not corrected, the Permit shall be temporarily suspended for 30 days.
B. Revocation.
The County may revoke a 1041 Permit granted pursuant to this Code if any of the
activities conducted by the Permit holder violates the conditions of the Permit or this
Code, or the County determines that the project as constructed or operated has impacts
not disclosed in the application. Prior to revocation, the Permit holder shall receive
written notice and be given an opportunity for a hearing before the BOCC. The BOCC
may revoke the 1041 Permit or may specify a time by which action shall be taken to
correct any violations for the Permit to be retained.
14.703. TRANSFER OF IO41 PERMITS.
A 1041 Permit may be transferred only with the written consent of the BOCC. Consent shall be
in the sole discretion of the BOCC. The BOCC shall ensure, in approving any transfer, that the
proposed transferee can and will comply with all the requirements, terms, and conditions
contained in the Permit, and this Code; that such requirements, terms, and conditions remain
sufficient to protect the health, welfare, and safety of the public; and that an adequate guarantee
of financial security can be made.
14-704. INSPECTION.
The BOCC may enter and inspect any property subject to this Article at reasonable hours for the
purpose of determining whether the activity is in violation of this Code.
14.705. JUDIC¡AL REVIEW.
Any action seeking judicial review of a final decision of the BOCC shall be initiated within 30
days after the decision is made, in the District Court in and for the County of Garfield, pursuant
to Rule 106 of the Colorado Rules of Civil Procedure.
GnnTIeIo COUNTY LAND USE AND DEVELOPMENT CODE 14-36