12-30 Application and Review Procedures

1. No person may engage in development wholly or partially within a designated area of state interest nor conduct a designated activity of state interest, not otherwise exempt, without first obtaining a Finding of No Significant Impact (FONSI) determination or a Permit under these Regulations, including specifically, as of the date of adoption of these Regulations:
   • (a) No person may locate, construct or pursue the development of a major new domestic water and sewage treatment system or pursue the development of a major extension of existing domestic water and sewage treatment system, wholly or partially within the unincorporated territory of this County, not otherwise exempt, without first obtaining a Finding of No Significant Impact (FONSI) determination or a Permit under these Regulations;
   • (b) No person may engage in the development of a municipal or industrial water project, wholly or partially within the unincorporated territory of this County, not otherwise exempt, without first obtaining a Finding of No Significant Impact (FONSI) or a Permit under these Regulations;
   • (c) No person may engage in the site selection or construction of major facilities of a public utility, wholly or partially within the unincorporated territory of this County, not otherwise exempt, without first obtaining a Finding of No Significant Impact (FONSI) determination or a Permit under these Regulations.
2. When approval is sought to conduct more than one activity of state interest and/or engage in development in more than one area of state interest, the application may be completed for all such activities or developments and may be reviewed simultaneously.
3. As deemed appropriate based upon the Director’s discretion, an application for a FONSI determination or a Permit under these Regulations may be reviewed and processed simultaneously with other land use reviews under the Pitkin County Code.

1. Before submitting an application for a Permit under these Regulations, the applicant shall meet with the Director or Director’s representative.
2. At or before the pre-application meeting, the applicant shall provide the Director with:
   • (a) A written summary of the Project including:
     1. The applicant’s name, address and phone number.
     2. 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.
        • c. Proposed buildings, improvements and infrastructure.
     3. Information that is sufficient for determining the nature of the Project and the degree of impacts associated with the Project.
3. Within ten (10) days of the pre-application meeting, the Director shall establish an estimate in an amount necessary to cover costs of determining whether a Finding of No Significant Impact (FONSI) or a Permit is required. The estimate will include the costs of copying, mailing, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it in making the Determination.

• (a) Call-up by the Board. Within twenty-one (21) days after publication of the Director’s Determination of a FONSI, the Board may decide to reconsider the Determination.
• (b) Request for Reconsideration by Affected Party. Any affected party seeking a reconsideration of the Director’s Determination of a FONSI shall file a written request with the Board within fourteen (14) days of the date of publication in the newspaper of the Notice of the Director’s Determination of the FONSI. The Board shall reconsider the Director’s Determination of the FONSI at the next regularly scheduled meeting for which proper notice can be accomplished. The affected party may request a reasonable extension if necessary.

1. If pursuant to Section 12.30.30 a Permit is required, then within ten (10) days the Director shall establish an estimate in an amount necessary to cover costs of reviewing and processing the application, including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it on the application package, if costs are not specified in fee schedule for development application.
2. Until the fee is paid, the application for Permit shall not be further processed.
3. The amount of the payment under Section 12.30.40(1) may be increased at any time if it is determined by the Director that the fee is not sufficient to cover all costs associated with the application.
4. The Permit Authority may in its sole discretion waive all or a portion of the fees if the applicant demonstrates a special need or such waiver of fees is found to be in the best interests of the citizens of Pitkin County.

1. Following the pre-application meeting described in Section 12.30.20 and/ or the Director’s Determination under Section 12.30.30, the applicant shall submit application materials to the Director. The application submittal requirements are described in Section 12.30.60.
2. An application will not be considered unless it is complete. If the Director determines that the application is incomplete, the Director shall specify in writing the additional information that is required. An application is not complete unless the fee requirements in Section 12.30.40 have been met. The Director shall note on the application the date the application is determined to be complete.
3. The Director shall determine the number of copies of the application required and the applicant shall provide such copies prior to the permit being formally scheduled for hearing.
4. The Director may send a copy to any local, state or federal agency that may have expertise or an interest in impacts that may be associated with the Project.
5. Not later than thirty (30) days after receipt of a complete application for a Permit, the Permit Authority shall set and publish a notice of the date, time and place for the Permit Authority hearing on the application. Such notice shall be published once in the County legal newspaper, not less than thirty (30) days or more than sixty (60) days before the date set for the hearing. Notice shall be mailed to adjacent property owners.
6. No less than seven (7) days prior to the hearing before the Permit Authority, the Director shall prepare a staff report that summarizes the application and comments from review agencies, if any, and that identifies whether the permit application adequately demonstrates that the Project will comply with each of the applicable Permit Application Approval Criteria in Sections 12.40.10, 12.40.20 and 12.40.30. The Director shall include in his report the reason why any approval criterion has not been satisfied and may recommend conditions to ensure that the Project will satisfy each criterion. A copy of the staff report shall be provided upon completion to the applicant and to the public upon request.
7. In the case of an application for site selection and construction of major facilities of a public utility, following receipt of the application the Director shall cause the Permit Authority to consider the application within the time periods established by C.R.S. § 29-20-108(2).

9. Additional Information may be necessary. The applicant must supply any other additional information and documentation necessary for the Permit Authority to make a determination regarding whether the Project meets the applicable Approval Criteria in Section 12.40. In addition, the Director may request that the applicant supply additional information related to the Project if the Permit Authority will not be able to make a determination on one of the Permit Application Approval Criteria in Section 12.40 without the additional information.

10. For each alternative site or expansion area for which a permit is being sought by the applicant, if any, the information specified in subsections (1) through (9) of this Section. An application need not meet the identified submission requirements for other than the particular development alternative for which a permit is being sought in order for the application to be considered complete, but the description of alternative sites and expansion areas must be sufficiently detailed so as to adequately inform the Permit Authority.

1. Description of efficient utilization of water, recycling and reuse technology the Project intends to use.
2. Map and description of other municipal and industrial water projects in the vicinity of the Project, including their capacity and existing service levels, location of intake and discharge points, service fees and rates, debt structure and service plan boundaries and reasons for and against hooking on to those facilities.
3. Verification that the Project is consistent with federal, state, regional and local planning policies of regulating applicable to land use planning of water resources.
4. Description of bypass or release flows necessary, if any, as mitigation of Project impacts.
5. Description of existing domestic water and wastewater treatment facilities in the vicinity of the Project, including their capacity and existing service levels, location of intake and discharge points, service fees and rates, debt structure and service plan boundaries, and reasons for and against hooking on to those facilities.
6. Description of how the Project will affect urban development, urban densities, and site layout and design of stormwater and sanitation systems.
7. Description of other water and wastewater management agencies in the Project area and reasons for and against consolidation with those agencies.
8. Description of how the Project may affect adjacent communities and users on wells.

• (a) Evidence that the proposed development will not present an obstacle to extraction of the mineral resource on or under the subject property; or
• (b) Evidence that the proposed development will be of greater economic value than the minerals present.

1. Map or maps portraying the existing wildfire hazard conditions of the area with particular attention given to the slope, aspect, topographic and vegetation (living and dead) conditions.
2. Map or maps and associated narrative showing:
   • (a) The procedures proposed to reduce condition of wildfire hazard.
   • (b) The fire protection plan for the proposed use.
   • (c) All fire suppression facilities that are necessary to meet the objectives of these Regulations.
3. A list of alternative uses for the wildfire hazard area under consideration.

A. In addition to the submittal requirements in Section 12.30.60, the following submittal requirements apply to applications proposing to develop land use in Historical, Paleontological and Archeological Resource Areas.

1. A state historical site survey form, completed by a qualified professional acceptable to the State Historic Preservation Officer, for all designated historical, paleontological and archeological resources affected by the development.
2. A description of the mitigating efforts that will be taken to preserve the designated resource.
3. Plans and procedures for notification to the State Historical Society and State Archaeologist upon discovery of historical, paleontological or archaeological resources.

A. In addition to the submittal requirements in Section 12.30.60, the following submittal requirements apply to applications proposing to develop land use in Significant Wildlife Resource Areas.

1. Survey of the wildlife species and habitat existing within the Impact Area, prepared by a qualified professional.
2. Analysis of the effects of the proposed land use upon wildlife species and habitat needs within the Impact Area.
3. Description of how the applicable habitat needs will be met and conflict with those needs will be avoided during construction and operation of the proposed land use. Where conflicts are unavoidable, the description shall include proposed measures to minimize the extent and degree of conflict, including compensation through replacement or enhancement of habitat on an alternate site.

1. Documentation of preliminary review and approval of the proposed land use by the following state agencies:
   • (a) Colorado Division of Water Resources.
   • (b) Colorado Water Conservation Board.
   • (c) Colorado Division of Parks and Outdoor Recreation.
   • (d) Colorado Division of Wildlife.
   1. Site plan locating the proposed land use with respect to the boundaries of public lands, and the boundaries of any associated floodplain.
   2. A description of the potential impacts upon public lands.
   3. Documentation of historical flooding activity and a description of the potential adverse impacts of the associated floodplain.

A. The following submittal requirements apply to applications proposing to develop land use in areas around Airports and Heliports:

1. Any Person proposing to construct or expand a municipal solid waste landfill in the County shall submit evidence that the Project is consistent with 49 U.S.C. Section 44718(d), as the same may be amended, and FAA Advisory Circular 150/5200-34A, Construction or Establishment of Landfills Near Public Airports, as the same may be amended or superseded.
2. Any Person proposing Development within 10,000 feet of an Airport or Heliport that may constitute a wildlife attractant, including without limitation a wastewater treatment or water impoundment facility, new wetland, agricultural activity, or golf course, shall submit reports, studies and other documentation on the extent of the wildlife hazard created by the Project; the mitigation measures, if any, proposed to be taken to reduce the wildlife hazard; and other documentation and information evidencing consistency with FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports, as the same may be amended or superseded.
3. Any Person obligated to provide notice to the Federal Aviation Administration in accordance with 14 C.F.R. Part 77 as a result of the proximity of the Project to an existing or planned Airport or Heliport shall submit to the County copies of Form 7460-1, Notice of Proposed Construction or Alteration, and accompanying documentation submitted to the FAA and any determination or correspondence received from the FAA in response to such submission.
4. Any person proposing Development on property exposed to noise greater than DNL 55 dB, as depicted on the Airport or Heliport noise contour map approved by the Board of County Commissioners, shall submit documentation and evidence that the Project is consistent with the general and specific criteria prescribed herein and that, if the structure or land use is permitted, shall further submit (i) evidence that the noise level reduction standards prescribed herein shall be satisfied, and (ii) evidence that an avigation easement in the form prescribed by the County has or will be conveyed to the County.

A. In addition to the submittal requirements in Section 12.30.60, the following submittal requirements apply to applications proposing to develop land use in areas around Major Facilities of a Public Utility.

1. Site plan showing the following:
   • (a) Relationship of the subject property to the facility.
   • (b) Relationship of the proposed land use to the boundaries of the facility's control zone.
2. Description of any relationship between the proposed land use and the facility.

1. Site plan locating the proposed land use with respect to the following:
   • (a) The boundaries of the designated interchange area and the zones within.
   • (b) The location and nature of existing or approved developments and land use within the interchange influence area.
   • (c) The location of all existing or proposed accesses, driveways and curb-cuts within the interchange influence area.
2. A report detailing the maximum traffic volume the interchange and the access road are designed to handle.
3. A description of existing population and development patterns within the interchange influence area.
4. A listing of the benefits and burdens which the proposed land use will bring to the communities of the region.
5. The applicable federal and state ambient air quality standards and a survey of existing air quality information for the area, including the nature, source and quantity of emissions from other sources in the affected area, both direct and indirect, the existing ambient air quality and the topography and meteorology of the area.
6. An estimate of the effect of the proposed land use on air quality in the area, including the nature and quantity of the direct emissions and the effect of the proposed land use as an indirect source of air pollution based upon the number of additional vehicle miles traveled which will be generated by the proposed use.
7. All air quality mitigation actions to be taken, including programs to utilize existing or planned mass transportation systems, car pools, traffic and vehicle flow control techniques.
8. A survey detailing existing and planned motorized traffic facilities.

A. In addition to the submittal requirements in Section 12.30.60, the following submittal requirements apply to applications proposing to develop land use in areas around Rapid or Mass Transit Facilities.

1. Map or maps at sufficient scale showing the location of the proposed land use and its relationship to the rapid or mass transit station or terminal and the interchanges, 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.
2. Maps or diagrams illustrating the pedestrian and bicycle routes that can be utilized to gain access between the proposed development and the adjacent Rapid or Mass Transit Facility.
3. A narrative description of the motor vehicle, bicycle and pedestrian traffic likely to be generated by the proposed development, including traffic generation at various times of the day, potential congestion and potential demand for parking generated by the proposed land use.
4. Narrative description of the impacts of the proposed land use to the Rapid or Mass Transit Facility.

1. Detailed plans for the facility including, but not limited to, the associated system capacity and proposed service area plans and maps.
2. Description of existing and proposed service in the area to be served.
3. Description of the distribution network for the area proposed to be served.
4. Map and description of areas around the Project and likelihood of nearby activities disrupting utility services.
5. Description of how the Project will affect existing community patterns.
6. Description of the applicable provisions of the Pitkin County Master Plan and any applicable intergovernmental agreements, and the Project's compliance with those provisions.
7. Description of voltages/capacities and lengths of transmission lines.
8. Description of the power sources/resources and generating capacities.
9. Description of the functions and sizes of substations.
10. Description of the diameters and lengths of pipelines/transmission lines.
11. As applicable, description of the capacities of the storage tanks/storage areas and types of petroleum derivative, natural gas, hydrogen or other product to be stored.
12. Description of the sources of power being generated or transmitted and/or the sources of petroleum derivative being transported.
13. Map showing all points at which power transmission lines and/or pipelines will pass within [45] feet of existing, approved, or proposed residential or commercial structures, and a projection of the exposure of inhabitants of such structures to magnetic fields.
14. Map showing each existing major facility of a public utility within the County of the type proposed for development, including a description of the design capacity of each such facility, the excess capacity of each such facility, and the percentage of capacity at which each such facility operates.
15. Description of the predominant types of developments to be served by the Proposed Project.
16. Description of the upgrade potential of existing facilities and projected capacity to meet demand-for-services levels
17. If the proposed project is a new major facility of a public utility and that system exceeds a ten year projected increase in demand, a detailed explanation of the excess service capacity and the cost of the excess capacity.
18. Description of any feasible "non-structural" alternatives to meet the objectives of the proposed site selection and construction.
19. Projections/forecasts of need for electricity or natural gas and the basis for the projections and forecasts.
20. Description of expected effect and impact on nearby property owners and on current land uses, compared with alternate locations.
21. Provide a water supply plan [using an aquifer life assumption of a 100-year supply, non-tributary groundwater classification only, assuming a 50 percent recovery factor to support operations].

A. In addition to the submittal requirements in Section 12.30.60, the following submittal requirements apply to applications proposing Site Selection and Development of Solid Waste Disposal Sites.

1. Analysis of capacity of existing landfills in the County, remaining life of existing landfill, and the need for a new major solid waste disposal site.
2. Report on wind conditions for the site.
3. Description of potential pollution problems related to the site.
4. Description of efforts to recycle waste and conservation practices to be employed at the site.
5. Expected effect and impact on nearby property owners and on current land uses, compared with alternate locations.

A. The following submittal requirements apply to applications proposing to locate an Airport or Heliport.

1. An Airport Layout Plan or Heliport Layout Plan approved by the Federal Aviation Administration and prepared in conformance with applicable Federal Aviation Administration standards and guidelines. For Airports, the FAA standards and guidelines presently are found in FAA Advisory Circular 150/5700-6B, Airport Master Plans.
2. A Final Environmental Impact Statement or Final Environmental Assessment and a Record of Decision or Finding of No Significant Impact signed by the authorized official of the Federal Aviation Administration approving the Airport Layout Plan or Heliport Layout Plan.
3. If the documents identified in subsections (a) and (b) are not available at the time of application, the applicant will submit, at a minimum, copies of FAA Form 7490-1, Notice of Landing Area Proposal, and accompanying documentation submitted to the Federal Aviation Administration and the results of any aeronautical study prepared by the FAA for the proposed new Airport or Heliport.
4. Engineering plans or other documentation evidencing that the Airport or Heliport will be constructed in conformance with Federal Aviation Administration standards and guidelines. For Airports, the FAA standards and guidelines are presently found in FAA Advisory Circular 150/5370-1E, Standards for Specifying Construction of Airports. For Heliports, the FAA standards and guidelines are presently found in FAA Advisory Circular 150/5390-2B, Heliport Design.
5. Planning studies and other information on site selection, financial feasibility, economic impact, safety, land use compatibility and similar and related topics.
6. Documentation and information evidencing that the applicant has or will obtain all necessary property rights, permits, approvals and easements (including needed easements for drainage, disposal, utilities, and navigation) prior to site disturbance associated with the Project.
7. The applicant may submit any additional documentation and information to establish conformance with the general and specific criteria prescribed herein for the siting of a new Airport or Heliport.

A. In addition to the submittal requirements in Section 12.30.60, the following submittal requirements apply to applications proposing location and construction of arterial highways, interchanges or collector highways.

1. Description of how project will affect traffic patterns as well as non­motorized traffic.
2. Description of how the new roads will likely affect surrounding land uses and existing community patterns.
3. Description of how new roads will serve community traffic demands.
4. Description of how new roads will comply with other local, state and federal regulations and master plans.

1. 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.
2. An analysis of the passengers which will utilize the proposed facility. Such analysis shall be based on the best information available and shall include:
   • (a) Whether the passengers will be utilizing the rapid or mass transit system to travel to and from employment or for some other purpose.
   • (b) The number of automobiles that the passengers will drive to the station or terminal at or just before any scheduled departure.
   • (c) The number of passengers that will likely ride only one way on any given day.
   • (d) The number of passengers that can be expected to bring baggage, recreational equipment, tools, or other material.
3. 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.
4. The maximum length of any train that will serve the station or terminal, excluding propulsion units.
5. 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.
6. 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

1. 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).
2. 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.
3. 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.
4. 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.
5. The maximum proposed grade of the guideway and the maximum curvature. Proposed curves in excess of ten (10) degrees shall be indicated on the map.
6. Description of all buildings or other structures that must be removed in order for the proposed guideway to be built.
7. Description of the methods planned to prevent collisions at points where the proposed guideway crosses other transportation corridors.

1. The Permit Authority shall conduct the hearing in a manner to afford a reasonable opportunity to participate in a public hearing to the applicant and any person who is in favor or opposes the issuance of the Permit.
2. The Permit Authority shall hear relevant testimony and receive relevant evidence and may impose reasonable time limits on presenters, witnesses and citizens.
3. Although the Colorado Rules of Civil Procedure or Evidence do not apply to the hearing, all persons appearing at the hearing shall be afforded a reasonable opportunity to offer evidence into the record.
4. Any person may, at his own expense, provide for the recording of the hearing and transcription thereof, provided, however, that a copy of the transcript shall be furnished free of charge to the Permit Authority and may become part of the record.

1. If information presented at the hearing leads the Permit Authority to find that additional information is necessary for it to determine whether the Permit Application Approval Criteria in Section 12.40 have been met, the Permit Authority may continue the hearing for not more than sixty (60) days unless a longer period is agreed to by the applicant, or it may deny the Permit.
2. The Permit Authority may approve the application if it determines that the applicant has proven that the Project complies with all applicable provisions of these Regulations. If the Permit Authority determines that the applicant has failed to prove that the Project complies with any applicable provision of these Regulations, the Permit Authority, at its sole discretion, may either approve the permit application with reasonable conditions necessary to ensure compliance with the Regulations, or deny the Permit.
3. If the Permit Authority decides to approve the Permit with conditions, the Permit Authority shall make written findings that each condition is necessary to ensure that the Project will comply with the Permit Application Approval Criteria in Sections 12.40.10, 12.40.20, and 12.40.30, and that each condition is necessitated by impacts caused by the Project.
4. The hearing record shall include the following:
   • (a) The application package, including supplemental materials as requested by the Director.
   • (b) Written statements or documents in support of or in opposition to the permit application.
   • (c) When offered, any recording and transcript of the hearing.
   • (d) Written minutes of the Permit Authority hearing.
   • (e) The signed resolution of the Permit Authority granting or denying the permit application.
5. The burden of proof shall be on the applicant to show compliance with provisions of these regulations governing areas or activities of state interest involved.

1. The Permit shall be issued in writing by the Board.
2. The Permit may be issued for an indefinite period or for a term of years, depending upon the nature of the Project.
3. The Permit is valid only for the construction and operation of the Project described in the application package together with the conditions of approval, if any, imposed by the Permit Authority.
4. A copy of the Permit shall be certified by the Permit Authority and presented to the County Clerk and Recorder for recording in the same manner as any document relating to real property.

• (b) Permit Amendment Procedure.
  1. The applicant shall meet with the Director to discuss the proposed permit amendment.
  2. Application submittal requirements shall be reviewed by the Director.
  3. Subsequent to the meeting, the Director shall determine whether the modified Project would satisfy the criteria contained in Sections 12.40.10, 12.40.20 and 12.40.30, or whether additional conditions would be necessary to ensure compliance.
  4. If the Director deems that the modified Project would not satisfy applicable criteria without additional conditions, the proposed modification shall require a new Permit.
  5. If the Director deems that the modified Project would satisfy applicable criteria without additional conditions, the Director shall make a Finding of No Significant Impact and a resolution for an amended Permit shall be presented to the Permit Authority for its consideration.