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HomeMy WebLinkAboutOwner is Pursuing Waiver from Setback StandardsAll" S7 ko P �4�dersons Wentities that the Garfield County Community Development Director or the Garfield Board of County Commissioners may designate. 9-209. CONDUCT OF HEARING AND DECISION BY THE BOARD OF COUNTY COMMISSIONERS. The public hearing shall be conducted, and decision made, by the Board of County Commissioners consistent with the requirements of the LUDC, Article 4: Application and Review Procedures. 9-210. FINANCIAL GUARANTEE. If required by the Board of County Commissioners, the Applicant shall fulfill the requirements of the LUDC, Article 13: Financial Guarantee. 9-211. INSURANCE. All operators shall maintain general liability insurance coverage covering the operator, employees and contracted third parties, for property damage, environmental damage, and injury to third parties in the minimum amount of two million dollars ($2,000,000) per occurrence. Such policies shall include the Board of County Commissioners as an "additional insured." The existence of this insurance is not, and shall not be, construed to be a waiver by Garfield County of governmental immunity. 9-212. ENFORCEMENT. The Board of County Commissioners reserves the right to enforce this Code using the statutory and regulatory remedies available for enforcing any County regulation or land use decision. 9-213. SETBACKS FROM EXISTING OIL & GAS WELLS, OIL AND GAS FACILITIES, OR ABANDONED WELLS. A. No building unit intended for human occupancy shall be constructed within five hundred feet (500) or less from an existing oil and gas well and/or above ground oil and gas facilities. B. No school or childcare center building, structure or playfield or park shall be constructed within two thousand (2000) feet or less from an existing well and/or associated above ground oil and gas facilities. C. The setbacks in section a. and b. of this section are subject to the waiver provisions pursuant to Article 4-118 (b and c). D. No subdivision plat shall be approved with any lot lines that are within three - hundred and fifty feet (350) or less from existing wells and/or associated above ground oil and gas facilities. E. All subdivisions lots platted after the effective date of this code with any lot line that is closer than two thousand feet (2000) feet of an existing well or above ground oil and gas facility, and/or oil and gas pipelines shall contain a plat note and require a notice to be recorded against the title of the location of such oil and gas facilities. GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE 9-17