12-40 Approval Criteria

1. Documentation that prior to site disturbance for the Project the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained.
2. The Project will not impair property rights held by others.
3. The Project is consistent with relevant provisions of applicable land use and water quality plans.
4. The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions.
5. The Project is technically and financially feasible.
6. The Project is not subject to significant risk from natural hazards.
7. The Project will not have a significant adverse effect on land use patterns.
8. The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems.
9. The Project will not create an undue financial burden on existing or future residents of the County.
10. The Project will not significantly degrade any current or foreseeable future sector of the local economy.
11. The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience.
12. The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse.
13. The Project will not significantly degrade air quality.
14. The Project will not significantly degrade existing visual quality.
15. The Project will not significantly degrade surface water quality.
16. The Project will not significantly degrade groundwater quality.
17. The Project will not significantly degrade wetlands, and riparian areas.
18. The Project will not significantly degrade terrestrial or aquatic animal life or its habitats.
19. The Project will not significantly deteriorate terrestrial plant life or plant habitat.
20. The Project will not significantly deteriorate soils and geologic conditions.
21. The Project will not cause a nuisance.
22. The Project will not significantly degrade areas of paleontological, historic, or archaeological importance.
23. The Project will not result in unreasonable risk of releases of hazardous materials.
24. The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources.
25. The Project will not significantly degrade such natural features as water bodies, ridgelines, streambed meander limits and steep slopes.

1. The Project shall emphasize the most efficient utilization of water by incorporating the best recycling, reuse and conservation of water practices; employing the most efficient utilization of facilities, diversion structures, pipes, conduits, ditches, reservoirs or other storage facilities; reducing water loss (including seepage and evaporation and evapotranspiration); and using the most recent and advanced technologies.
2. The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services.
3. The Project shall be necessary to meet community development and population demands.
4. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas.
5. The Project does not adversely affect either surface or subsurface water rights of upstream or downstream users.
6. Adequate water supplies, as determined by the Colorado Department of Public Health and Environment, are available for efficient operational needs.
7. Existing domestic water treatment systems must be at or near operational capacity.
8. Age of existing water systems, operational efficiency, state of repair or level of treatment is such that replacement, if applicable, is warranted.
9. The Project will not decrease the quality of peripheral or downstream surface or subsurface water resources below that most recently designated by the Colorado Water Quality Control Commission for those waters.
10. The Project or its associated collector or distribution system or new service areas will not violate federal or state air quality standards.
11. The Project or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat or other wildlife protection areas, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreation areas, and unique areas of geologic, historic, or archaeological importance.
12. The Project or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or noxious odors.
13. The Project or its associated collector or distribution system will not create an undue financial burden on existing or future residents within the development area and source area. The cost of securing an adequate supply of water for existing and future needs of the residents of this County shall be considered in determining whether an "undue financial burden" will result.
14. The Project complies with the County’s Scientific/Social Framework for Managing Impacts of Trans-Basin Water Diversions to Protect Stream Health in Pitkin County, Colorado, in accordance with the guidelines described therein.

1. The Project shall be reasonably necessary to meet projected community development and population demands, or to comply with regulatory or technological requirements.
2. To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area.
3. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.
4. The Project shall be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.
5. The Project does not adversely affect either surface or subsurface water rights of upstream or downstream users.
6. Adequate water supplies, as determined by the Colorado Department of Public Health and Environment, are available for efficient operational needs.
7. Existing domestic water treatment facilities or systems must be at or near operational capacity.
8. Age of existing water systems, operational efficiency, state of repair or level of treatment is such that replacement, if applicable, is warranted.
9. The Project will not decrease the quality of peripheral or downstream surface or subsurface water resources below that most recently designated by the Colorado Water Quality Control Commission for those waters.
10. The Project or its associated collector or distribution system or new service areas will not violate federal or state air quality standards.
11. The Project or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat or other wildlife protection areas, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreation areas, and unique areas of geologic, historic, or archaeological importance.
12. The Project or its associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or noxious odors.
13. The Project or its associated collector or distribution system will not create an undue financial burden on existing or future residents within the development area and source area. The cost of securing an adequate supply of water for existing and future needs of the residents of this County shall be considered in determining whether an "undue financial burden" will result.
14. The Project will not remove significant amounts of water from open space or conserved lands in Pitkin County.
15. The Project complies with the County’s Scientific/Social Framework for Managing Impacts of Trans-Basin Water Diversions to Protect Stream Health in Pitkin County, Colorado, in accordance with the guidelines described therein.

1. Extraction and exploration of minerals shall be accomplished in a manner which causes the least practicable environmental disturbance. Surface area disturbance associated with the Project shall be reclaimed in accordance with the provisions of Article 32 of Title 34, C.R.S.
2. Areas containing only sand, gravel, quarry aggregate or limestone used for construction purposes shall be administered as provided by Part 3 of Article 1 of Title 34, C.R.S.
3. The proposed extraction and exploration of minerals would not cause significant danger to public health and safety.
4. If the economic value of the minerals present is less than the value of another existing or requested use, the other use should be given preference. Other uses which would not interfere with the extraction and exploration of minerals may be allowed.

All uses, new development, new construction and substantial improvements which are intended for or allow for human occupation, habitation or congregation, shall be in accordance with applicable standards contained in the Wildfire Safety Guidelines and Standards for Subdivisions and Developments, September 1974, Colorado State Forest Service, and the Uniform Building Code.

A. In addition to the general criteria in Section 12.40.10, the following criteria apply to land use in Areas Containing or Having Significant Impact on Historical, Paleontological or Archaeological Resources.

1. Development shall be designed to preserve the integrity of the resource.
2. Development shall be conducted in a manner which will be compatible with the preservation of the resource and minimize damage to the resource.

A. In addition to the general criteria in Section 12.40.10, the following criteria apply to land use in Natural Resource Areas.

1. Development shall be designed to preserve the integrity of the resource.
2. Development shall be conducted in a manner which will be compatible with the preservation of the resource and minimize damage to the resource.
3. The proposed development will not adversely affect either surface or subsurface water rights.
4. The proposed development will not significantly deteriorate significant wildlife habitat.
5. The proposed development will not significantly degrade existing natural scenic characteristics, create blight, or cause other nuisance factors such as excessive noise or obnoxious odors.

1. The Board will approve an application only upon finding that the Project will not derogate safety of persons in the air or on the ground because it may result in any of the following:
   • (a) Create electrical interference with navigational signals or radio communication between the Airport or Heliport and aircraft;
   • (b) Make it difficult for pilots to distinguish between Airport or Heliport lights and other lighting;
   • (c) Create glare in the eyes of pilots using the Airport or Heliport;
   • (d) Impair visibility in the vicinity of the Airport or Heliport; or
   • (e) Endanger the landing, takeoff, or maneuvering of aircraft intending to use the Airport or Heliport.
   1. The Board will approve an application only upon finding that the Project will not constitute a nuisance, which shall be determined by the Project’s consistency with the following noise-related standards:
      • (a) Areas above DNL 65 db: On property exposed to noise in excess of DNL 65 dB, all uses other than public airport and transportation uses, short-term accommodations, office buildings, retail facilities, movie theaters, restaurants and certain open space uses (including agricultural and recreation uses not causing high concentrations of people) are prohibited.
      • (b) Areas between DNL 60 and 65 dB: On property exposed to noise between DNL 60 dB and DNL 65 dB, uses such as schools, churches, hospitals, libraries, auditoriums and outdoor amphitheaters and concert halls, are discouraged, and the Board may deny the application based on the specific nature of the Project, including without limitation such considerations as the proximity of the Project site to the Airport or Heliport, the current and forecast cumulative and single-event noise exposure at the Project site, and the nature and scope of the proposed land use.
      • (c) Areas above DNL 55 dB: On property exposed to noise above DNL 55 dB, the granting and recording of an avigation easement shall be required prior to construction of any new or expanded use. Such avigation easement shall be in the form prescribed by the County and shall grant the right of flight over the land, together with the right to cause noise, vibrations, odors, fumes, vapors, air currents, illumination, particulates, smoke, dust or other effects as may be inherent in the operation of aircraft.
      • (d) Residential uses in permitted areas shall be designed and constructed to minimize impacts of aircraft noise, by utilizing techniques that will reduce interior noise levels by not less than 25 dB or other suitable evidence that noise can be mitigated.
   2. The Board will not approve an application for a Project that is determined by the Federal Aviation Administration to constitute a hazard to air navigation.

A. In addition to the general criteria in Section 12.40.10, the following criteria apply to land use in Areas Around Major Facilities of a Public Utility.

1. The Project shall preserve the desirable existing community patterns.
2. The Project shall not pose a danger to public health or safety or to property and the environment.

A. In addition to the general criteria in Section 12.40.10, the following criteria shall apply to land use in areas around arterial highways, interchanges and collector highways:

1. The Project shall not pose a danger to public health or safety or to property and the environment.
2. The volume of traffic to be generated by the Project shall be compatible with the traffic-handling characteristics of the interchange, the access road, and existing traffic roads affected by the proposed land use.
3. The Project shall be compatible with existing developments and with the character of the neighborhood, and shall not significantly impact an area or resource of special scenic, historical, or cultural significance.
4. The Project shall preserve desirable existing community patterns.
5. The Project shall encourage compatibility with non-motorized traffic.
6. A land use that proposes burdens or deprivations on the communities of a region shall not be justified on the basis of local benefit alone.

A. In addition to the general criteria in Section 12.40.10, the following criteria shall apply to land use in Areas Around Rapid or Mass Transit Facilities.

1. The Project promotes the efficient utilization of the rapid or mass transit facility.
2. The Project facilitates traffic circulation patterns of the roadways serving the mass transit facility.
3. The Project promotes development that will include bike and pedestrian paths providing access to the rapid or mass transit facility.

A. In addition to the general criteria in Section 12.40.10, the following criteria shall apply to applications proposing to locate and construct Major Facilities of a Public Utility.

1. Facilities shall be sited and constructed in areas which will result in the proper utilization of existing facilities and associated systems within or serving the County.
2. Facilities shall be allowed in those areas in which the anticipated growth and development that may occur as a result of such facility can be accommodated within the financial and environmental capacity of the area to sustain such growth and development and are in accordance with the applicable County land use plans.
3. Existing facilities and associated systems servicing the area must be at or near operational capacity.
4. If a facility extension or replacement is proposed, the age of existing facilities and associated systems, their operational efficiency, and their state of repair or level of service are such that extension or replacement is warranted.
5. If a new facility is proposed, existing facilities cannot be feasibly upgraded or expanded.
6. Where feasible, major facilities of a public utility shall be located so as to avoid direct conflict with adopted local comprehensive, State and regional master plans.
7. Where feasible, major facilities of a public utility shall be located so as to minimize dedication of new right-of-way and construction of additional infrastructure (e.g., pipelines, roads, and transmission lines).
8. If applicable, the Project complies with the County’s Scientific/Social Framework for Managing Impacts of Trans-Basin Water Diversions to Protect Stream Health in Pitkin County, Colorado, in accordance with the guidelines described therein.

A. In addition to the general criteria in Section 12.40.10, the following criteria shall apply to applications proposing to locate and develop Solid Waste Disposal Sites.

1. Solid waste disposal sites shall be developed in accordance with sound conservation practices and shall emphasize, where feasible, the recycling of waste materials. Considerations shall include, but not be limited to the following:
   • (a) Longevity and subsequent use of waste disposal sites.
   • (b) Wind conditions.
   • (c) The potential problems of pollution inherent in the proposed site.
   • (d) The impact on adjacent property owners, compared with alternate locations.

• (d) The location of the Airport or Heliport site will not unduly interfere with any existing easements for power or telephone lines, irrigation, mineral claims or roads.
• (e) Adequate water supplies are available to support the forecast use of the Airport or Heliport.
• (f) Adequate electric, gas, telephone, water, sewage, and other utilities, fire protection and rescue services exist or shall be developed to service the Airport or Heliport.
• (g) The location of the Airport or Heliport site shall not cause a nuisance. A nuisance shall be presumed if the applicant cannot demonstrate that it has acquired all property that would be exposed to noise in excess of DNL 55 dB on the noise contour map prepared for the Airport or Heliport, or a lesser interest in the property such as an easement or restrictive covenant, that would prohibit the development of an incompatible land use;
• (h) The location of the Airport or Heliport would not result in the actual or constructive use of a resource protected under Section 4(f) of the Department of Transportation Act, as the same may be amended.
• (i) The forecast operations of aircraft and ground vehicles at the Airport or Heliport would not create a measurable increase in the risk associated with air toxics.
• (j) The forecast operations of aircraft and ground vehicles at the Airport or Heliport would not result in a measurable degradation of visibility within any national park or wilderness area.
• (k) The forecast operations of ground vehicles in connection with the Airport or Heliport will not cause an unacceptable degradation of traffic conditions on streets and highways within the County.

A. In addition to the general criteria in Section 12.40.10, the following criteria shall apply to applications proposing location and construction of arterial highways, interchanges and collector highways.

1. The site selected for the Project shall not conflict with the Pitkin County Master Plan, municipal master plans, and regional or state transportation plans.
2. Arterial highways and interchanges shall be located and designed so that community traffic needs are met.
3. Arterial highways and interchanges shall be located and designed so that desirable community patterns are not disrupted.

11. 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 will reach the guideway.

• (a) In determining the right-of-way and corridor alignment for rapid transit, consideration shall be given to areas needed for snow storage along the guideway.

12. 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 shown to be large enough to accommodate the required number of parking spaces and the applicant provides financial security acceptable to the Board which guarantees that the required number can be built if actual need is shown after operation begins.

13. Access roads to a Rapid or Mass Transit Station or Terminal shall be designed, constructed or improved to accommodate, during a 15 minute period, the maximum number of automobiles anticipated to arrive before the scheduled departure of the mass transit conveyance without causing cars to back up onto the public road serving the facility.

14. The Manual on Traffic Control Devices shall apply to safety devices at intersections of a fixed guideway and other transportation corridors.