These Regulations are entitled and may be cited as the “Pitkin County Guidelines and Regulations for Areas and Activities of State Interest.”
These Regulations are authorized by, inter alia, Section 24‑65.1‑101, et seq.; and Section 29-20-101, et seq.
The Regulations contained in this Chapter of the Land Use Code shall apply to all development or other applications concerning designated Activities of State Interest pursuant to Section 12.20 or applications submitted by an entity or organization subject to Location and Extent review pursuant to section 2.30.30(h)(10), that are wholly or partially in the unincorporated areas of Pitkin County.
Unless otherwise specifically provided, it shall be the duty of the Board of County Commissioners to perform all functions set forth in these Regulations.
If any section, clause, provision, or portion of these Regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby and is hereby declared to be necessary for the public health, safety and welfare.
The words and terms used in these Regulations shall have the meanings set forth below unless the context requires otherwise. In addition, the Regulations also utilize the definitions in C.R.S. Section 24-65.1-102 through 104, unless altered below. The definitions set forth in this Section 12.10.90 shall be used and interpreted solely in the context of this Chapter 12, Guidelines and Regulations for Areas and Activities of State Interest. However, where appropriate, other terms and definitions of the Pitkin County Code as well as the other documents incorporated by reference therein may provide meaning to or supplement this Chapter 12. Where there is a conflict between the definitions and terms set forth in this Chapter 12 and any other provisions of the Pitkin County Code, the specific definitions and terms of this Chapter 12 shall apply to the application of the processes and regulations set forth herein.
1. Adverse. Unfavorable, harmful, negative.
2. Affected Party. Any person with an interest in the outcome of the permit decision for the Project.
3. Appurtenant Facilities. Any buildings, structures or other property which are clearly incidental to, and customarily found in connection with major facilities of public utilities and are operated and maintained for the benefit or convenience of the occupants, employees, customers or visitors of such major facilities of public utilities.
4. Aquifer Recharge Area. Any area where surface waters may infiltrate to a water bearing structure of permeated rock, sand or gravel. This definition also includes wells used for disposal of wastewater or other toxic pollutants.
5. Board. Board of County Commissioners, County of Pitkin, State of Colorado.
6. Board of County Commissioners. Board of County Commissioners, County of Pitkin, State of Colorado. (See also Permit Authority)
7. Collector or collection system. A network of pipes and conduits through which sewage flows to a sewage treatment plant.
8. County. Pitkin County, Colorado.
9. Designation. That legal procedure specified by Section 24‑65.1‑101, et seq., C.R.S. and the revocation or amendment of such designation as carried out by the Board of County Commissioners.
10. Determination. The Director’s decision whether a Project qualifies for a Finding of No Significant Impact (FONSI) or requires a Permit.
11. Development. Any construction or activity which changes the basic character or the use of the land on which the construction or activity occurs.
12. Director. Director of Community Development Department of Pitkin County, the acting Director or his designee.
13. Domestic. When used to describe a water and sewage treatment system or a water distribution system, “domestic” shall mean the entirety of the wastewater treatment facility, water distribution system or water treatment facility, and their respective component parts, whether located wholly or partially within the unincorporated territory of this County, from the first points of source water collection to the end points of the distribution system, including but not limited to, diversion structures, conduits, pipes, ditches, pumps and pump stations, reservoirs and other storage facilities, water treatment facilities and any other related facilities or structures that collect, store, treat and distribute water.
14. Domestic wastewater treatment facility. As defined in C.R.S. § 25-9-102-(4.5), any facility or group of units used for the treatment of domestic wastewater or for the reduction and handling of solids and gases removed from such wastes, whether or not such facility or group of units is discharging into state waters. “Domestic wastewater treatment facility” specifically excludes individual sewage disposal systems.
15. Domestic water and sewage treatment system. As defined in C.R.S. § 24-65.1-104(5), a wastewater treatment facility, water distribution system, or water treatment facility, and any system of pipes, structures, and facilities through which wastewater is collected for treatment.
16. Efficient utilization. When used in reference to water or municipal and industrial water projects, “efficient utilization” means the employment of methods, procedures, techniques, controls, operations, facilities and technology to encourage use of water that will yield the greatest possible benefits including environmental, aesthetic, ecological, domestic, agricultural, industrial and recreational benefits.
17. Impact. Any alteration or change to the natural or human environment resulting directly or indirectly from development.
18. Impact Area. Those geographic areas in which impacts are likely to be caused by the Project. Impact Areas may include areas within the boundaries of another political subdivision if the County had entered into an intergovernmental agreement providing for cooperative regulation of impacts that may occur within the boundaries of both the County and the political subdivision. Impact Areas may also include areas within the County in which impacts are likely to be caused by a Project, even if the development of the Project is located wholly or partially within the boundaries of another political subdivision.
19.Industrial uses. Manufacturing; mineral processing, exploration or extraction; snowmaking; commercial recreational services and operations; and other uses that are neither municipal, domestic, nor agricultural.
20. Industrial wastewater treatment facility. Means, as defined in C.R.S. § 25-9-102(4.7), any facility or group of units used for the pretreatment, treatment, or handling of industrial waters, wastewater, reuse water, and wastes that are discharged into state waters. “Industrial wastewater treatment facility” includes facilities that clean up contaminated ground water or spills; except that such term does not include facilities designed to operate for less than one year or facilities with in-situ discharge.
21.Matter of state interest. An area of state interest or an activity of state interest or both.
22.Major extension of existing domestic water and sewage treatment system. Means, as applicable:
23. Major Facility of a Public Utility. A central office building of a telephone utility; a transmission line, power plants, or substation of an electrical utility; or a pipelines and storage areas of a utility providing natural gas or other petroleum derivatives.
24. Major new domestic water and sewage treatment system. Means, as applicable:
25. Material Change. Any change in the Project as approved by the Permit Authority which significantly changes the nature of impacts considered by the Permit Authority in approval of the original Permit as determined by the Director.
26. Mitigation. Avoiding an impact; minimizing impacts by limiting the degree or magnitude of the action or its implementation; rectifying the impact by repairing, rehabilitating or restoring the area, facility or service; or compensation for the impact by replacing or providing for the replacement of biological or physical conditions, services or facilities.
27. Municipal and/or industrial water projects. Systems and all related components that provide water or may provide water in the future either directly or by exchange for municipal and industrial uses; provided, however, “systems and all related components” for a snowmaking project are limited to (i) those through which water is diverted and/or stored for snowmaking, and (ii) permanent distribution systems and components that are not otherwise regulated by state or federal regulations.
28.Permit Authority. The Board of County Commissioners, or its designee.
29. Person. Any individual, partnership, corporation, limited liability company, association, company or other public or corporate body, including the federal government, and any political subdivision, agency, instrumentality, or corporation of the State or the United States government.
30. Power Plant. Any electrical energy generating facility, including, but not limited to, pumped storage facilities, hydropower facilities, solar facilities, wind facilities, and any other renewable or nonrenewable energy generating facilities, as well as any facilities appurtenant to any existing power plant, or any addition thereto increasing the existing design capacity of the facility.
31. Project. The proposed development for which a Permit is sought under these Regulations.
32. Public Utility. The term as defined by Section 40-1-103, C.R.S., as amended.
33. Regulations. These regulations for matters of state interest and guidelines as the terms are used in Section 24‑65.1‑101, et seq., C.R.S.
34. SFE. One single family dwelling unit, or the equivalent thereof, which is defined by the in-house use of an average of 300 gallons of water per day or the generation of an average of 300 gallons of sewage per day (synonymous with EQR).
35. Significant. Deserving to be considered important; notable and not trifling.
36. Substation. Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of electricity.
37. Transmission Lines. A line and related facilities whose primary purpose is the delivery of electric power, oil, water, natural gas, telephone, cable television or similar amenities or services in bulk to all or a part of a distribution line or system that serves individual customers, except that an electrical transmission line shall be defined as the line and related facilities whose primary purpose is to deliver electrical power whose voltage is greater than 45 kv.
38. Water and Sewer Projects. The Site Selection and Construction of Major New Domestic Water and Sewage Treatment Systems, Major Extensions of Existing Domestic Water and Sewage Treatment Systems, and Efficient Utilization of Municipal and Industrial Water Projects, including any proposed land development directly related to such Project if such development is to be located wholly or partially within this County and if such development specifically generates the need for the Project.