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HomeMy WebLinkAboutR03-033 Amending the Eagle County Land Use Regulations• ~ Commissioner ~ J moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.'2003- ~~ IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE REGULATIONS, TO REVISE LANGUAGE PERTAINING TO EAGLE COUNTY GUIDELINES AND REGULATIONS FOR MATTERS OF STATE INTEREST WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to State enabling legislation including, but not limited to, C.R.S. 24-65.1-101 et. se .and C.R.S. 30-28-101, et sew,., to plan for anal regulate the use and development to land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, pursuant to such authority, the Board has adopted zoning, subdivision, and building regulations, which regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations" (hereinafter the "E.C.L.U.R."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.R.S. 30-28-116, and Section 5-230 of the E.C.L.U.R., respectively, provide that, fiom time to time, the Board may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the County's Zoning Resolution; and WHEREAS, C.R.S. 30-28-133, and Section 5-230 of the E.C.L.U.R., provide for the adoption and amendment of regulations and subdivision regulations by the Board; and WHEREAS, on or about August 5, 2002 the Eagle County Department of Community Development initiated proposed amendments to Articles Two and Three of Chapter Two, and Chapter Six of the E.C.L.U.R., in order to incorporate revisions pertaining to Eagle County Guidelines and Regulations for Matters of State Interest. Such proposed amendments were referred to both the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission for their review and comment; and WHEREAS, the Eagle County Planning Commission reviewed the proposed amendments on September 18, 2002, October 2, 2002, November 6, 2002 and January 8, 2003, respectively, and certified their comments and recommendations with respect thereto to the Board; and 1 • • WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on September 19, 2002, respectively, and certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held public hearings to consider comments on such proposed amendments on January 28, 2003 and February 11, 2003, in the Board of County Commissioners' meeting room, in the Eagle County Building, Eagle, Colorado; and WHEREAS, based on the evidence, testimony, exhibits and study of the Master Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, recommendation of the Planning Commission and comments from all interested parties, the Board hereby determines that the proposed amendments to Articles Two and Three of Chapter Two, and Chapter Six of the E.C.L.U.R., are necessary and proper for the protection of the public health, safety, welfare and best interest of the inhabitants of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED by the Board_of County Commissioners of the County of Eagle, State of Colorado: THAT, the proposed amendments have been referred to the appropriate municipalities and agencies for their advisory opinions; the appropriate hearings have been conducted after proper notice; and there has been compliance with all applicable standards for amendment contained within the E.C.L.U.R. THAT, Articles Two and Three of Chapter Two, and Chapter Six of the Eagle County Land Use Regulations are hereby amended, effective IMMEDIATELY, to read as set forth in Exhibit `A' attached hereto and incorporated herein by this reference. THAT, this amendment of Articles Two and Three of Chapter Two, and Chapter Six of the E.C.L.U.R. shall not constitute nor be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, the Director of Community Development is hereby directed to transmit a true and correct copy of the Eagle County Subdivision Regulations, as amended, to the Colorado Land Use Commission. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit `A', be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. 2 THAT, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Eagle County Land Use Regulations shall remain in full force and effect, and hereby are ratified and confirmed in all respects as of the date hereof. THAT, this Resolution is necessary for the public health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 11th day of March, 2003, nunc pro tunc to the 1 lth day of February, 2003. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its . BOARD OF COUNTY COMMISSIONERS ATTEST: By: By: By: By: Commissioner Commissioner Commissioner _,l~ seconded adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi 3 Clerk to the Board of County Commissioners EXHIBIT `A' ARTICLE 2 DEFINITIONS SECTION 2-110 DEFINITIONS MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER TREATMENT SYSTEM means (1) the expansion of existing domestic water treatment capacity or storage; or (2) any extension of existing water supply systems to service an additional development density of ten (10) or more residential dwelling units or the equivalent thereof in other uses. MAJOR EXTENSION OF AN EXISTING WASTEWATER TREATMENT SYSTEM means any modification of an existing sewage treatment plant to increase hydraulic capacity or upgrade treatment capability or any extension of existing main collector sewer lines or any increase in capacity of existing main sewer lines or any extensions to serve a total development density of ten (10) or more dwelling units or the equivalent thereof in other uses. MAJOR NEW DOMESTIC WATER SYSTEM means a new water supply system or water treatment plant if such system or plant is designed to serve a total often (10) or more residential dwelling units or the equivalent thereof. (See Water and Sewer Projects.) MAJOR NEW DOMESTIC WASTEWATER TREATMENT SYSTEM means a new wastewater treatment plant, group of wastewater systems or collector system designed to treat the wastewater generated by ten (10) or more residential dwelling units or the equivalent thereof in other uses. (See Water and Sewer Projects.) MUNICIPAL AND INDUSTRIAL WATER PROJECTS means 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 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. WATER STORAGE FACILITY means any enclosed structure, capable of holding five thousand (5,000) gallons or more, either above or below ground and that is used to store water for public consumption or fire protection. WATER AND SEWER PROJECTS. The Site Selection and Construction of Major New Domestic Water and Wastewater Treatment Systems, Major Extensions of Existing Domestic Water and Wastewater 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. n ARTICLE 3 ZONE DISTRICTS-EAGLE COUNTY SECTION 3-310 REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL, AGRICULTURAL AND RESOURCE USES I. WATER AND SEWER PROJECTS 1. WATER AND SEWER PROJECTS shall comply with the following standards: a. Abstract. The applicant shall submit an abstract of the proposal indicating the scope and need for the facility. b. State Review. Preliminary review and comment on the proposal by the appropriate agency of the Colorado Department of Natural Resources and the Colorado Department of Health shall be provided within sixty (60) days of submission of the application to the County. c. Alternatives. Alternatives to the proposed facility shall be evaluated, including but not limited to alternative locations and the no development alternative. d. Demographic Data. Any demographic data needed to fulfill the requirements of this Section shall be consistent with the data used for the 208 Areawide Waste Treatment Management Planning for Region XII, Colorado. 2. Waiver Provision. The Special Review Use permit application for WATER AND SEWER PROJECTS may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: a. A permit application pursuant to Chapter 6, sections one though five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. b. Compliance with the Special Review Use permit requirements would be unreasonably burdensome for the applicant. Such a waiver maybe granted upon a determination by the Board of County Commissioners that requiring a Special Review Use permit in addition to the permits(s) required under the Eagle County Guidelines and Regulations for Matters of State Interest would serve no further legitimate planning, zoning or other land use objective. n U • EAGLE COUNTY GUIDELINES AND REGULATIONS FOR MATTERS OF STATE INTEREST TABLE OF CONTENTS Pac1e 6.01 GENERAL PROVISIONS 1 6.01.01 Title and Citation 1 6.01.02 Purpose and Findings 1 6.01.03 Authority 2 6.01.04 Applicability 2 6.01.05 . Interpretation with Other Enactments and Plans 2 6.01.06 Duties of the Board of County Commissioners 3 6.01.07 Permit Authority Established 3 6.01.08 Severability 3 6.01.09 Definitions 3 6.02 DESIGNATION OF MATTER OF STATE INTEREST 8 6.02.01 General 8 6.02.02 Designation Proposals 8 6.02.03 Moratorium 8 6.02.04 Public Hearing Required 8 6.02.05 Content of Notice of Public Hearing 9 6.02.06 Matters to be Considered at Designation Hearings 9 6.02.07 Record of Designation Proceeding 10 6.02.08 Adoption of Designation and Regulations 10 6.02.09 Review by the Land Use Commission 11 6.02.10 Recording the Notice of Designation 11 6.02.11 Effect of Designation -Moratorium Until Final Determination 11 6.02.12 Exemptions. 11 6.03 APPLICATION AND REVIEW PROCEDURES 13 6.03.01 Permit or Finding of No Significant Impact (FONSI) Required After Designation 13 6.03.02 Pre-application Procedure 13 6.03.03 Determination 14 6.03.04 Application Fee 15 6.03.05 Permit Application Procedure 15 6.03.06 Application Submittal Requirements 16 6.03.07 Additional Submittal Requirements Applicable to Municipal and Industrial Water Projects 25 6.03.08 Additional Submittal Requirements Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems 26 6.03.09 Conduct of Permit Hearing 26 6.03.10 Approval or Denial of the Permit Application by the Permit Authority 26 6.03.11 Issuance of the Permit 27 6.03.12 Permit Amendment 28 6.03.13 Combined Designation and Permit Hearing 29 6.04 APPROVAL CRITERIA AND FINANCIAL ASSURANCE 30 6.04.01 Permit Application Approval Criteria for Matters of State Interest 30 6.04.02 Additional Criteria Applicable to Municipal and Industrial Water Projects 31 6.04.03 Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domestic Water and Wastewater Treatment Systems 32 6.04.04 Financial Guarantee Required 33 6.04.05 Amount of Guarantee 33 6.04.06 Estimate 34 6.04.07 Form of Guarantee 34 6.04,08 Release of Guarantee 34 6.04.09 Cancellation of the Guarantee 35 6.04.10 Forfeiture of Guarantee 35 6.04.11 Substitute Guarantee 36 6.05 PERMIT ADMINISTRATION AND ENFORCEMENT 37 6.05.01 Enforcement and Penalties 37 6.05.02 Permit Suspension or Revocation 37 6.05.03 Transfer of Permits 37 6.05.04 Inspection 38 6.05.05 Judicial Review 38 APPENDIX A ii Chapter 6 GUIDELINES AND REGULATIONS FOR MATTERS OF STATE INTEREST 6.01 GENERAL PROVISIONS 6.01.01 Title and Citation. These Regulations are entitled and may be cited as the "Eagle County Guidelines and Regulations for Matters of State Interest." 6.01.02 Purpose and Findings. (1) The general purpose of these Regulations is to facilitate the identification, designation, and administration of matters of state interest consistent with the statutory requirements and the criteria set forth in Section 24-65.1-101, et sea., C.R.S. (2) The specific purposes of these Regulations are: (a) To promote the health, safety, and general welfare of the citizens and to protect the environment of Eagle County. (b) To protect the beauty of the landscape and natural scenic characteristics, to preserve and protect important archeological and historic sites, to protect and enhance wildlife habitat, air and water quality, and to conserve natural resources. (c) To ensure that new development will pay for itself to the maximum extent practicable, and to ensure that present residents of Eagle County will not have to subsidize new development through increased cost of public services and/or degradation of the quality of life. (d) To plan for and regulate the site selection, construction, expansion, and operation of matters of state interest to facilitate the planned and orderly use of land as recommended by the Eagle County Master Plan. (e) To regulate the use of land on the basis of the financial and environmental impact thereof on the community or surrounding areas within the development area and source development area. (3) The Board of County Commissioners of Eagle County finds that: (a) The notice and public hearing requirements of Section 24-65.1-404, C.R.S. have been followed. (b) These Regulations are necessary because of the intensity of current and foreseeable development pressures on and within Eagle County. (c) These Regulations were adopted after taking into consideration applicable guidelines adopted and issued by the Colorado Land Use Commission. 6.01.03 Authori These Regulations are authorized by, inter alia, Section 24-65.1-101, et sec .; Section 30-28-101, et se .; Section 30-28-201, et seq.; Section 29- 20-101, et sea.; and Section 24-32-111, C.R.S. 6.01.04 Applicability. These Regulations shall apply to the designation and regulation of any area or activity of state interest wholly or partially in the unincorporated areas of Eagle County whether on public or private land that has been or may hereafter be designated by the Board of County Commissioners of Eagle County. Designations in effect as of the date of these Regulations are: (1) Site selection and construction of major new water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems. (2) Efficient utilization of municipal and industrial water projects. 6.01.05 Interpretation with Other Enactments and Plans. (1) Whenever the provisions of these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, other enactment or master plan of Eagle County, the enactment imposing the more restrictive standards or requirements shall control. (2) If these Regulations are found to be less stringent than the statutory criteria for administration of matters of state interest set forth in Section 24-65.1-202, C.R.S., the statutory criteria shall control. 2 • (3) If these Regulations are found to be more stringent than the statutory criteria for administration of matters of state interest set forth in Sections 24-65.1-202 and 24-94.1 204, C.R.S., these Regulations shall control pursuant to the authority of Section 24-65.1-402(3), C.R.S. (4) Nothing in these Regulations exempts an applicant from compliance with any other applicable County requirements or other state, federal or local requirements. (5) No federal, state, or local approval to carry out a development or activity shall preempt or otherwise obviate the need to comply with these Regulations. 6.01.06 Duties of the Board of County Commissioners. Unless otherwise specifically provided, it shall be the duty of the Board of County Commissioners to perform all functions set forth in these Regulations. 6.01.07 Permit Authority Established. (1) The Board shall serve as the Permit Authority. (2) The Permit Authority shall exercise all powers and duties granted it by these Regulations. 6.01.08 Severability. 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. 6.01.09 Definitions. The words and terms used in these Regulations shall have the meanings set forth below unless the context requires otherwise: (1) Adverse. Unfavorable, harmful, negative. (2) Affected Party. Any person with an interest in the outcome of the permit decision for the Project. (3) Aquifer Recharge Area. Any area where surface waters may 3 • • 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. (4) Board. Board of County Commissioners, County of Eagle, State of Colorado. (5) Board of County Commissioners. Board of County Commissioners, County of Eagle, State of Colorado. (See also Permit Authority) (6) Collector or collection system. A network of pipes and conduits through which sewage flows to a sewage treatment plant. (7) Coun .Eagle County, Colorado. (8) 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. (9) Determination. The Director's decision whether a Project qualifies for a Finding of No Significant Impact (FONSI) or requires a Permit. (10) Development. Any construction or activity which changes the basic character or the use of the land on which the construction or activity occurs. (11) Director. Director of Community Development Department of Eagle County, the acting Director or his designee. (12) Distribution system. A network of storage facilities, tanks, pipes and conduits through which water is piped and stored or through which water is piped for exchange or trade. (13) Domestic water and sewage treatments sy tem. A wastewater treatment plant, water treatment plant, water supply system, and any system of pipes, structures, and facilities through which water and wastewater is collected for treatment. (a) Wastewater treatment plant means the facility or group of units, including the collection system, used for treatment of wastewater from sewer systems and for the reduction and handling of solids and gases removed from such wastes. (b) Water supply system means the system of pipes, structures, distribution systems and facilities through which a water 4 ~ ~ supply is obtained, collected, stored, treated and sold or distributed or the system of pipes as well as structures and facilities through which a water supply is obtained. (c) Water treatment plant means the facility or facilities within the water supply system that can alter the physical, chemical or bacteriological quality of the water. (14) Efficient utilization of water. The employment of methods and procedures to encourage use of water that will yield the greatest possible benefits including environmental, aesthetic, ecological, domestic, agricultural, industrial and recreational benefits. (15) Impact. Any alteration or change to the natural or human environment resulting directly or indirectly from development. (16) 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. (17) Industrial uses. Manufacturing; mineral processing, exploration or extraction; snowmaking; commercial recreational services and operations; and other uses that are neither municipal, domestic, nor agricultural. (18) Matter of state interest. An area of state interest or an activity of state interest or both. (19) Maior extension of existing domestic wastewater treatment svstem. Any modification of an existing sewage treatment plant to increase hydraulic capacity or upgrade treatment capability, or any extension of existing main collector sewer lines, or any increase in capacity of existing main sewer lines or any extensions to serve a total development density of ten (10) or more dwelling units or the equivalent thereof in other uses. (20) Maior extension of existing domestic water treatment svstem. (1) The expansion of existing domestic water treatment capacity or storage; or (2) any extension of existing water supply systems to service an additional development density of ten (10) or more residential dwelling units (SFE) or the equivalent thereof in other uses. 5 • (21) Major new domestic wastewater treatment system. Anew wastewater treatment plant, group of wastewater systems or collector system designed to treat the wastewater generated by ten (10) or more residential dwelling units (SFE) or the equivalent thereof in other uses. (See Water and Sewer Projects.) (22) Major new domestic water system. Anew water supply system or water treatment plant if such system or plant is designed to serve a total of ten (10) or more residential dwelling units (SFE) or the equivalent thereof. (See Water and Sewer Projects.) (23} Material Chance. 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. (24} 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 impact area, facility or service; or compensation for the impact by replacing or providing for the replacement of biological or physical conditions, services or facilities. (25) Municipal and 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 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. (26) Permit Authority. The Board of County Commissioners, or its designee. (27) Person. Any individual, partnership, corporation, limited liability company, association, company or other public or corporate body, including the federal govemment, and any political subdivision, agency, instrumentality, or corporation of the State or the United States government. (28) Project. The proposed development for which a Permit is sought under these Regulations. (29) Regulations. These regulations for matters of state interest and guidelines as the terms are used- in Section 24-65.1-101, et sec., 6 C.R.S. (30) 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). (31) Significant. Deserving to be considered; important; notable and not trifling. (32) Water and Sewer Projects. The Site Selection and Construction of Major New Domestic Water and Wastewater Treatment Systems, Major Extensions of Existing Domestic Water and Wastewater 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. 7 • • 6.02. DESIGNATION OF MATTER OF STATE INTEREST 6.02.01 General. The designation process set forth in this section shall apply to the designation of any matter of state interest after the effective date of these Regulations. The designation process shall not apply to those matters of state interest designated by the Board of County Commissioners prior to the effective date of these Regulations, which designations shall remain in effect. Designations in effect are: (1) Site selection and construction of major new water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems. (2) Efficient utilization of municipal and industrial water projects. 6.02.02 Designation Proposals. Designations and amendments or revocations of designations of areas or activities of state interest may be initiated in two ways: (1) The Board of County Commissioners may propose a designation. (2) The Colorado Land Use Commission may submit a formal request to the Board of County Commissioners to designate a specific matter of state interest within the County of Eagle. 6.02.03 Moratorium. Upon receipt by the County of a proposal to designate a matter of state interest by the Colorado Land Use Commission, no person shall engage in development in the area or conduct the activity described in the proposal until the Board has held a hearing and issued an order relating thereto. 6.02.04 Public Hearing Required. (1) The Board of County Commissioners shall hold a public hearing before designating and adopting regulations for any matter of state interest or amending or repealing said designation or regulations. Notice of the hearing shall be sent to the Colorado Land Use Commission and shall be published not less than thirty (30) days nor more than sixty (60) days prior to the hearing. (2) If the Colorado Land Use Commission submits a formal request for designation of a matter of state interest, a public hearing to s ~~ consider the request shall be held within ninety (90) days after receipt of the formal request. 6.02.05 Content of Notice of Public Hearing. (1) The Board of County Commissioners shall prepare a notice of the designation hearing, which shall include: (a) The time and place of the hearing. (b) The place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined. (c) The telephone number or a-mail address where inquiries may be answered. (d) A description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to the property to be included in the designation or the type of activity to be designated. 6.02.06 Matters to be Considered at Designation Hearings. (1) At the designation hearing, the Board of County Commissioners shall consider such evidence as may appear appropriate including, at a minimum: (a) The intensity of current and foreseeable development pressures. (b) Model regulations issued by the Colorado Land Use Commission. (2) The Board of County Commissioners shall hear testimony and receive evidence and shall include in any designation: (a) The boundaries of the proposed area. (b) 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. 6.02.07 Record of Designation Proceeding. (1) The Board of County Commissioners will collect and preserve the following record of the public hearing, at a minimum: (a) Notice of the hearing. (b) Certificate of publication of the notice. (c) Names and addresses of persons who presented written or oral statements. (d) Evidence of the identification of the matter of state interest proposed to be designated. (e) Written findings concerning each of the matters referred to in section 6.02.06. (2) Any person may, at his own expense, provide for the recording and transcription of the hearing and a copy of the recording and transcript shall be furnished free of charge to the Board of County Commissioners and shall become part of the record. 6.02.08 Adoption of Designation and Regulations. (1) Within thirty (30) days after completion of the designation hearing, the Board of County Commissioners may adopt, adopt with modification, or reject the proposed designation. If the designation and/or regulation under Section 24-65.1-101, et sea., C.R.S., is rejected, the Board of County Commissioners may at its discretion regulate the matter under any other available land use control authority or it may reject the regulation of the matter entirely. (2) Such action shall be taken by resolution. (3) Whenever the Board of County Commissioners finally determines that any matter is a matter of state interest, it shall be the Board's duty to designate such matter and adopt regulations for the administration thereof. (4) Each designation order adopted by the Board of County Commissioners shall as a minimum: (a) Specify the boundaries of the designated area or the boundary of the area in which an activity of state interest has been designated. 10 • (b) State 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. (c) Specify the regulations applicable to the designated matter of state interest. 6.02.09 Review by the Land Use Commission. Upon adoption of a designation order, all relevant materials including the record of any public hearing relating to the designation and regulations, as described in section 6.02.07, shall be forwarded by the Board of County Commissioners to the Colorado Land Use Commission for review. If, within thirty (30) days after receipt of a designation order and regulations, the Land Use Commission has notified the Board of County Commissioners that modification of the designation or regulations is recommended, the Board of County Commissioners shall, within thirty (30) days after receipt of the recommended modifications: (1) Modify the original order in a manner consistent with the recommendations of the Colorado. Land Use Commission and resubmit the order to the Colorado Land Use Commission, or (2) Notify the Colorado Land Use Commission that the Colorado Land Use Commission's recommendations are rejected. 6.02.10 Recording the Notice of Designation. A notice of the designation shall be certified by the Board of County Commissioners to the County Clerk and Recorder for filing in the same manner as any document affecting real property. 6.02.11 Effect of Designation -Moratorium Until Final Determination. After a matter of state interest is designated pursuant to this Section 6.02, no person shall engage in development in such area and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by Section 24-65.1-404(4), C.R.S. 6.02.12 Exemptions. The portions of these Regulations or modification of existing permit authorized exclusively under Section 24-65.1-101, et sea., C.R.S. shall not 11 • apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions: (1) As of May 17, 1974: (a) The development or activity was covered by a current building permit issued by the County of Eagle; or (b) The development or activity was approved by the electorate of the State or Eagle 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; or (c) The development or activity is to be on land (1) that has been conditionally or finally approved by Eagle County for planned unit development or for use substantially the same as planned unit development; or (2) that has been zoned by the appropriate local government for the use contemplated by such development or activity; or (3) for which a development plan has been conditionally or finally approved by the appropriate governmental authority. (2) Other Exemptions: As of the effective date of these Regulations, rights have vested pursuant to County regulations or statute to engage in the activity or pursue the development in an area of state interest. (3) Exempt Water and Sewer Projects: A Water and Sewer Project is exempt from these Regulations if it falls into one of the following categories: (a) The day to day operations of an existing Water and Sewer Project, or a mirior change in the operation of an existing Water and Sewer Project, including retrofitting or upgrading technology, so long as the change in operation does not constitute a material change and does not cause negative impacts different from those of the existing Water and Sewer Project or otherwise exacerbate existing impacts. (b) The maintenance, repair or replacement of an existing component of a Water and Sewer Project if it does not constitute a material change and does not cause negative impacts different from those of the existing Water and Sewer Project or otherwise exacerbate existing impacts. 12 ~ ~ 6.03 APPLICATION AND REVIEW PROCEDURES 6.03.01 Permit or Finding of No Significant Impact (FONSI) Required After Designation. (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) 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. 6.03.02 Pre- Application Procedure. (1) Before submitting an application for a Permit under these Regulations, the applicant shall meet with the Director. (2) At or before the pre-application meeting, the applicant shall provide the Director with: (a) A written summary of the Project including: (i) The applicant's name, address and phone number. (ii) 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. (iii) 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) 13 • • 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. 6.03.03 Determination. Based upon review of the pre-application submittals and the information obtained at the pre-application meeting, the Director may determine that a Finding of No Significant Impact (FONSI) is warranted or that a Permit is required. Such determination may be made by the Director at such time as sufi'icient information is provided by the applicant after the pre-application meeting. (1) Finding of No Significant Impact (FONSI). The Director may determine that a Finding of No Significant Impact (FONSI) should be issued if the construction or operation of the Project, without mitigation, in its proposed location is unlikely to have any significant adverse impact to the County in consideration of the Permit Application Approval Criteria in Section 6.04 of these Regulations. If the Director makes a FONSI, the applicant does not need to submit a permit application unless the Permit Authority deems that a Permit is necessary, following a reconsideration under section 6.03.03(4). (2) Permit Required. If the Director determines that a Finding of No Significant Impact (FONSI) is not appropriate based upon review of the pre-application submittals and the information obtained at the pre-application meeting, then the applicant must obtain a Permit. (3) Notice of Director's Determination of a FONSI. (a) Upon the Directors Determination of a FONSI, the Director shall notify the applicant by mail, and shall notify the Board, the County Administrator and the County Attorney of the Determination by a-mail or memorandum. (b) The Notice of Director's Determination of the FONSI shall be published once in the County legal newspaper not more than fourteen (14) days following the Determination. The notice shall describe the Project and the procedure for requesting reconsideration as set forth in section 6.03.03(4). (4) Reconsideration of Director's Determination of a FONSI. (a) Call-up by the Board. Within fourteen (14) days after publication of the Director's Determination of a FONSI, the Board may decide to reconsider the Determination. Such 14 reconsideration shall be made at the next regularly scheduled meeting of the Board for which proper notice can be accomplished. (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. 6.03.04 Application Fee. (1) If pursuant to section 6.03.03 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. (2) Once the estimate is established, the Director shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following receipt of such notice, the applicant shall present to the Permit Authority non-refundable certified funds in the amount set. Until the fee is paid, the application for Permit shall not be further processed. (3) The amount of the payment under section 6.03.04(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 Eagle County. 6.03.05 Permit Application Procedure. If pursuant to section 6.03.03 a Permit is required, then the following permit application procedure shall apply: 15 (1) Following the pre-application meeting described in section 6.03.02 and/or the Director's Determination under section 6.03.03, the applicant shall submit application materials to the Director. The application submittal requirements are described in section 6.03.06. (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 6.03.04 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 shall send a copy of the complete application to and seek review comments from the Planning Commission and 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 given to the Colorado Land Use Commission and 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 6.04.01, 6.04.02 and 6.04.03. 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. 6.03.06 Application Submittal Requirements. The Director may waive one or more of the submittal requirements when 16 i the submittal information would not be relevant to whether the Project complies with the approval criteria. Additional materials may be required under sections 6.03.07 and 6.03.08 for a particular type of Project. (1) Information describing the applicant. (a) The names, addresses, including email address and fax number, organizational form, and business 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 package by the Project owner, if different than the applicant. (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. (e) Written qualifications of report preparers. (2) Information describing the Project. (a) Plans and specifications of the Project in sufficient detail to evaluate the application against the Permit Application Approval Criteria in Section 6.04. (b) Descriptions of alternatives to the Project considered by the applicant. (c) Schedules for designing, permitting, constructing and operating the Project, including the estimated life of the Project. (d) The need for the Project, including a discussion of altematives to the Project that were considered and rejected; 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. (e) Description of all conservation techniques to be used in the 17 construction and operation of the Project. (f) List of Adjacent property owners and their mailing addresses. (3) Property rights, other permits and approvals. (a) A list of all other federal, state and local permits and approvals that will be required for the Project, together with any proposal for coordinating these approvals with the County permitting process. Copies of any permits or approvals that have been granted. (b) 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 statements required for the Project. (c) Description of the water to be used by the Project and alternatives, 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 changes in the points of diversion; and the existing uses of the water. If an augmentation plan for the Project has been decreed or an application for such plan has been filed in the court, the applicant must submit a copy of that plan. (d) Description of property rights that are necessary for or that will be affected by the Project. (4) Description of the technical and financial feasibility of the Project. (a) The estimated construction costs and period of construction for each development component and the total mitigation costs for the Project. (b) Revenues and operating expenses for the Project. (c) The amount of any proposed debt and the method and estimated cost of debt service. (d) Details of any contract or agreement for revenues or services in connection with the Project. 18 • (e) Description of the persons 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. (5) Socioeconomic impacts A comprehensive socioeconomic impact analysis that addresses the manner in which the applicant will comply with the relevant Permit Application Approval Criteria in sections 6.04.01, 6.04.02, and 6.04.03. The impact analysis shall be limited to the impact area and shall include the following information: (a) Land Use (i) Description of existing land uses within and adjacent to the impact area. (ii) Description of provisions from local land use plans that are applicable to the Project and an assessment of whether the Project will comply with those provisions. (iii) Description of impacts and net effect that the Project would have on land use patterns. (b) Local Government Services (i) 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 Eagle County. (ii) 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. (c) Housing (i) Description of existing seasonal and permanent housing including number, condition and cost of dwelling units. (ii) Description of the impact and net effect of the Project 19 on housing during construction and operation stages of the Project. (d) Financial Burden on County Residents (i) 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. (ii) Description of impacts and net effect of the Project on financial burdens of residents. (e) Local Economy (i) 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. (ii) Description of impacts and net effect of the Project on the local economy and opportunities for economic diversification. (f) Recreational Opportunities (i) 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. (ii) Map depicting the location of recreational uses such as fishery stream segments, access points to recreational resources, hiking and biking trails, and wilderness areas. (iii) 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. (g) Areas of Paleontological, Historic ar Archaeological Importance (i) Map and/or description of all sites of paleontological, historic or archaeological interest. 20 (ii) Description. of the impacts and net effect of the Project on sites of paleontological, historic or archaeological interest. (h) Nuisance Descriptions of noise, glare, dust, fumes, vibration, and odor levels caused by the Project. (6) Environmental impacts. Description of the existing natural environment and an analysis of the impacts of the Project to the natural environment. Descriptions in this section shall be limited to the impact 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 Permit Application Approval Criteria in sections 6.04.01, 6.04.02 and 6.04.03. (a) Air Quality (i) Description of the airsheds to be affected by the Project, including the seasonal pattern of air circulation and microclimates. (ii) 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. (iii) 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. (b) Visual Quality (i) Map and/or description of ground cover and vegetation, forest canopies, waterfalls and streams or other natural features. (ii) Description of viewsheds, scenic vistas, unique 21 ~ + landscapes or land formations. (iii) Map and/or description of buildings and structure design and materials to be used for the Project. (iv) Descriptions of the impacts and net effect that the Project would have on visual quality. (c) Surface Water Quality (i) Map and/or description of all surface waters to be affected by the Project, including: a. 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. (ii) Existing data monitoring sources. (iii) 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. (d) Groundwater Quality (i) Map and/or description of all groundwater, including any aquifers. At a minimum, the description should include: a. Seasonal water levels in each subdivision of the aquifer affected by the Project. b. Artesian pressure in aquifers. c. Groundwater flow directions and levels. d. Existing aquifer recharge rates and methodology used to calculate recharge to the aquifer from any recharge sources. e. 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 22 • • impound groundwater and aquifer storage capacity. f. 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. g. Existing groundwater quality and classification. h. Location of all water wells and their uses. (ii) Description of the impacts and net effect of the Project on groundwater. (e) Water Quantity (i) Map and/or description of existing stream flows and reservoir levels. (ii) Map and/or description of existing Colorado Water Conservation Board held minimum stream flows. (iii) Descriptions of the impacts and net effect that the Project would have on water quantity. (iv) Statement of methods for efficient utilization of water. (f) Floodplains, Wetlands and Riparian Areas (i) Map and/or description of all floodplains, wetlands, and riparian areas to be affected by the Project, including a description of the types of wetlands, species composition, and biomass. (ii) 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.). (iii) Description of the impacts and net effect that the Project would have on the floodplains, wetlands and riparian areas. (g) Terrestrial and Aquatic Animals and Habitat 23 ~ ~ (i) Map and/or description of terrestrial and aquatic animals including the status and relative importance of game and non-game wildlife, livestock and other animals; a description of streamflows and lake levels needed to protect the aquatic environment; description of threatened or endangered animal species and their habitat. (ii) 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, and spawning beds. (iii) Description of the impacts and net effect that the Project would have on terrestrial and aquatic animals, habitat and food chain. (h) Terrestrial and Aquatic Plant Life (i) Map and/or description of terrestrial and aquatic plant life including the type and density, and threatened or endangered plant species and habitat.. (ii) Descriptions of the impacts and net effect that the Project would have on terrestrial and aquatic plant life. (i) Soils, Geologic Conditions and Natural Hazards (i) 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. (ii) Descriptions of the risks to the Project from natural hazards. (iii) Descriptions of the impact and net effect of the Project on soil and geologic conditions in the area. (7) Hazardous materials description. (a) 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 24 ~ ~ such substances, their location, and the practices and procedures to be implemented to avoid accidental release and exposure. (b) Location of storage areas designated for equipment, fuel, lubricants, and chemical and waste storage with an explanation of spill containment structures. (8) Monitoring and Mitigation Plan. (a) Description of all mitigation that is proposed to avoid, minimize or compensate for adverse impacts of the Project and to maximize positive impacts of the Project. (i) Describe how and when mitigation will be implemented and financed. (ii) Describe impacts that are unavoidable that cannot be mitigated. (b) Description of methodology used to measure impacts of the Project and effectiveness of proposed mitigation measures. (c) Description, location and intervals of proposed monitoring to ensure that mitigation will be effective. (9) Additional Information may be necessary. 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 6.04 without the additional information. 6.03.07 Additional Submittal ReQUirements Aoolicable to Municipal and Industrial Water Projects. (1) Description of efficient water use, 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) Description of demands that this Project expects to meet and basis for projections of that demand. 25 6.03.08 Additional Submittal Requirements Applicable to Maior New Domestic Water and Wastewater Treatment Svstems and Maior Extensions of . Existing Domestic Water and Wastewater Treatment Svstems. (1) 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. (2) Description of how the Project will affect urban development, urban densities, and site layout and design of stormwater and sanitation systems. (3) Description of other water and wastewater management agencies in the Project area and reasons for and against consolidation with those agencies. (4) Description of how the Project may affect adjacent communities and users on wells. 6.03.09 Conduct of Permit Hearing. (1) The Permit Authority shall conduct the hearing in a manner to afford procedural due process to the applicant and any person who 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 and witnesses. (3) Although the Colorado Rules of Civil Procedure do not apply to the hearing, all persons appearing at the hearing shall be afforded the right of cross-examination and a reasonable opportunity to offer evidence in rebuttal. (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 become part of the record. 6.03.10 Approval or Denial of the Permit Application by the Permit Authority. (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 6.04 26 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 6.04.01, 6.04.02, and 6.04.03, and that each condition is necessitated by impacts caused by the Project. (4) The hearing record shall include the following: (a) The application package. (b) Written statements or documents in support of or in opposition to the permit application. (c) Any recording and transcript of the hearing. (d) Written minutes of the Permit Authority hearing. (e) The 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. 6.03.11 Issuance of the Permit. (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 27 s Project described in the application package together with the conditions of approval, if any, imposed by the Permit Authority. 6.03.12 (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. Permit Amendment. (1) Any change in the construction or operation of a Water and Sewer Project from that approved by the Permit Authority shall require a permit amendment, unless otherwise exempt. (2) A permit amendment will be subject to the following requirements and procedures: (a) Permit Application Submittal Requirements. (i) A copy of the current Permit and reasons for amendment (ii) As-built drawings of the Project, if available. (iii) Drawings and plans of proposed changes to the Project. (iv) Additional or changed mitigation plans. (v) Statement of need for amendment. (vi) Site Plan. (vii) Vicinity map. (viii) Written report of how amendment satisfies the criteria in sections 6.04.01, 6.04.02 and 6.04.03. (b) Permit Amendment Procedure. (i) The applicant shall meet with the Director to discuss the proposed permit amendment. (ii) Application submittal requirements shall be reviewed by the Director. (iii) Subsequent to the meeting, the Director shall 2s • determine whether the modified Project would satisfy the criteria contained in sections 6.04.01, 6.04.02 and 6.04.03, or whether additional conditions would be necessary to ensure compliance. (iv) If the Director deems that the modified Project would not satisfy applicable criteria, without additional conditions the proposed modification shall require a new Permit. (v) 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. 6.03.13 Combined Designation and Permit Hearing. (1) If a person proposes to engage in development in an area of state interest or to conduct an activity of state interest not previously designated and for which regulations have not yet been adopted, the Permit Authority may hold a combined hearing to determine. the designation, adopt the regulations and approve or deny the Permit. (2) No Permit that is granted at the conclusion of the combined hearing shall be authority to engage in development or to conduct an activity until the identification, designation and regulations are finally determined and adopted. 29 n LJ ~. J 6.04 APPROVAL CRITERIA AND FINANCIAL ASSURANCE 6.04.01 Permit Application Approval Criteria for Matters of State Interest. A Permit to conduct a designated activity of state interest or to engage in development in a designated area of state interest shall be approved if the Project complies with the following general criteria and any additional applicable criteria in sections 6.04.02 or 6.04.03. If the Project does not comply with any one or more of these criteria, the Permit shall be denied or approved with conditions. In determining whether the Project complies with these criteria, or if conditions should be imposed, the Permit Authority may utilize the considerations in Appendix "A." (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. 30 • • (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. 6.04.02 Additional Criteria Applicable to Municipal and Industrial Water Projects. In addition to the general criteria set forth in section 6.04.01, the following 31 :] additional criteria apply to municipal and industrial water projects: (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. (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 in the areas to be served by the Project. (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. 6.04.03 Additional Criteria Applicable to Maior New Domestic Water and Wastewater Treatment Systems and Maior Extensions of Existing Domestic Water and Wastewater Treatment S sty ems. In addition to the general criteria set forth in section 6.04.01, the following additional criteria apply to any development of major new domestic water and wastewater treatment systems or major extensions of existing domestic water and wastewater treatment systems: (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, 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. 32 • • 6.04.04 Financial Guarantee Required. Before any Permit is issued, the Permit Authority may, at its discretion, require the applicant to file a guarantee of financial security deemed adequate by the Permit Authority and payable to the County. The purpose of the financial guarantee is to assure the following: (1) Faithful performance of the requirements of the Permit and applicable regulations. (2) That the Project or activity is completed and, if applicable, that the development area is properly reclaimed. (3) That the applicant performs all mitigation requirements and Permit conditions in connection with the construction, operation and termination of the Project. (4} That increases in public facilities and services necessitated by the construction, operation and termination of the Project are home by the permittee. (5) That shortfalls to County revenues are offset in the event that the Project is suspended, curtailed or abandoned. 6.04.05 Amount of Guarantee. In determining the amount of the financial guarantee, the County shall consider the following factors: (1) The estimated cost of completing the Project or activity and, if applicable, of returning the development area to its original condition or to a condition acceptable to the County. (2) The estimated cost of performing all mitigation requirements and Permit conditions in connection with the construction, operation, and termination of the Project, including: (a) The estimated cost of providing all public services necessitated by the Project until two (2) years after the Project ceases to operate; and (b) The estimated cost of providing all public facilities necessitated by the Project until all such costs are fully paid. 33 6.04.06 Estimate. • (1) Estimated cost shall be based on the applicant's submitted cost estimate plus the Permit Authority'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 Permit Authority shall consider the duration of the development or activity and compute a reasonable projection of increases due to inflation. The Permit Authority 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 these Regulations. (2) Revisions to the estimate may be required based on information available to the County. 6.04.07 Form of Guarantee. (1) The guarantee may be in the form of cash, federally-insured certificates of deposit, irrevocable letters of credit issued by a bank acceptable to the Board, or any other form, or combination of forms, established by the Board. (2) At least ten percent (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 Board and applicant. 6.04.08 Release of Guarantee. (1) The financial guarantee may be released only when: (a) The Permit has been surrendered to the Permit Authority before commencement of any physical activity on the site of the permitted development or activity. (b) The development or activity has been abandoned and the site has been returned to its original condition or to a condition acceptable to the County in accordance with criteria adopted 6y the County for the matter of state interest for which the Permit is being granted. (c) The Project has been satisfactorily completed. (d) 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 34 determined appropriate by the Board of County Commissioners. (e) The applicable guaranteed conditions have been satisfied. 6.04.09 Cancellation of the Guarantee. Any security may be canceled only upon receipt of the Permit Authority's written consent, which may be granted only when such cancellation will not detract from the purposes of the security. 6.04.10 Forfeiture of Guarantee. (1) If the Permit Authority 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 Board, it shall provide written notice to the surety and- the permittee that the financial guarantee will be forfeited unless the permittee makes written demand to the Permit Authority within thirty (30) days after permittee's receipt of notice, requesting a hearing before the Permit Authority. If no demand is made by the permittee within said period, then the Permit Authority shall order the financial guarantee forfeited. (2) The Permit Authority shall hold a hearing within thirty (30) days after the receipt of the demand by the permittee. At the hearing, the permittee may present for the consideration of the Permit Authority statements, documents, and other information with respect to the alleged violation. At the conclusion of the hearing, the Permit Authority shall either withdraw the notice of violation or enter an order forfeiting the financial guarantee. (3) The deposit described above may be used by the Permit Authority of the County in the event of the default or alleged default of the permit holder, only for the purposes of recovering on the surety or fulfilling the permit obligation of the permit holder. In 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 Board 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. 35 • (4) If the forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the County's attomey shall take such steps as deemed proper to recover such costs where recovery is deemed possible including costs and attorney fees. 6.04.11 Substitute Guarantee. If the license to do business in Colorado of any surety upon a security filed pursuant to this regulation is suspended or revoked by any State authority, then the applicant shall within sixty (60) days after receiving notice thereof, substitute a good and sufficient surety licensed to do business in Colorado. Upon failure of the permittee to make substitution within the time allowed, the Board of County Commissioners shall suspend the Permit until proper substitution has been made. 36 6.05 PERMIT ADMINISTRATION AND ENFORCEMENT 6.05.01 Enforcement and Penalties. (1) Any person engaging in a development in the designated area of state interest or conducting a designated activity of state interest who does not obtain a Permit pursuant to these Regulations, who does not comply with Permit requirements, or who acts outside the jurisdiction of the Permit may be enjoined by the County or the Colorado Land Use Commission from engaging in such development or conducting such activities and may be subject to such other criminal or civil liability as may be prescribed by law. (2) If 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 Permit shall be immediately suspended and a hearing shall be held to determine whether new conditions are necessary to ensure compliance with Permit Application Approval Criteria or if the Permit should be revoked. 6.05.02 Permit Suspension or Revocation. (1) The Permit Authority may temporarily suspend the Permit for a period of thirty (30) days for any violation of the Permit or these Regulations. Prior to any permit suspension, the Permit Authority shall provide the permit holder with written notice of the violation and will have a minimum of fifteen (15) days to correct the violation. If the violation is not corrected, the Permit shall be temporarily suspended for thirty (30) days. (2) The Permit Authority may, following notice and hearing, revoke a Permit granted pursuant to these Regulations if any of the activities conducted by the permittee violates the conditions of the Permit or these Regulations. No less than thirty (30) days prior to the revocation hearing, the Permit Authority shall provide written notice to the permittee setting forth the violation and the time and date for the revocation hearing. Public notice of the revocation hearing shall be published in a newspaper of general circulation not less than thirty (30) days or more than sixty (60) days prior to the hearing. Following the hearing, the Permit Authority may revoke the Permit or may specify a time by which action shall be taken to correct any violations for the Permit to be retained. 6.05.03 Transfer of Permits. A Permit may be transferred only with the written consent of the Permit 37 Authority. The Permit Authority must 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 these Regulations; 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. 6.05.04 Inspection. The Permit Authority may enter and inspect any property subject to these Regulations at reasonable hours for the purpose of determining whether the Project is in violation of the provisions of these Regulations. 6.05.05 Judicial Review. Any action seeking judicial review of a final decision of the Permit Authority shall be initiated within thirty (30) days after the decision is made, in the District Court in and for the County of Eagle, pursuant to Rule 106 of the Colorado Rules of Civil Procedure. 38 APPENDIX "A" Following are considerations to help the applicant understand the types of things that the Permit Authority may consider on balance in determining whether a Project complies with the Permit Application Approval Criteria in sections 6.04.0?, 6.04.02, and 6.04.03. These considerations are not criteria that the Project must satisfy; they serve solely as guidance. The considerations are in regular type and the actual criteria that the considerations relate to are in bold type. 6.04.01(5) The Project is technically and financially feasible. The determination of technical and financial feasibility of the Project may include but is not limited to the following considerations: (a) Amount of debt associated with the Project. (b) Debt retirement schedule and sources of funding to retire the debt. (c) Estimated construction costs and construction schedule. (d) Estimated annual operation, maintenance and monitoring costs. 6.04.01(6) The Project is not subject to significant risk from natural hazards. The determination of risk from natural hazards to the Project may include but is not limited to the following considerations. (a) Faults and fissures. (b) Unstable slopes including landslides, rock slides and avalanche areas. (c) Expansive or evaporative soils and risk of subsidence. (d) Wildfire hazard areas. (e) Floodplains. 6.04.01(7) The Project will not have a significant adverse effect on land use patterns. The determination of effects of the Project on land use pattems may include but is not limited to the following considerations: (a) Whether the Project complies with and is consistent with applicable plans. (b) Likelihood that the Project will/will not cause or contribute to urban sprawl or "leapfrog" development. (c) Significant changes in the amount of impervious surfaces. • • (d) Contiguity of development associated with the Project to existing growth centers. (e) Changes to unique land forms. (f) Changes in the amount of character of open space. (g) Changes to traffic patterns, road capacity and congestion. 6.04.01(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. The determination of the effects of the Project on local government services may include but is not limited to the following considerations: (a) Existing and potential financial capability of local governments to accommodate development related to the Project. (b) Current and projected capacity of roads, schools, infrastructure, housing, and other services necessary to accommodate development, and the impact of the Project upon the current and projected capacity. (c) Changes caused by the Project in the cost of providing education, transportation networks, water treatment and wastewater treatment, emergency services, or other governmental services or facilities. (d) Changes in short or long term housing availability, location, cost or condition. (e) Need for temporary roads to access the construction of the Project. (f) Change in demand for public transportation. (g) Reduction in the amount of water available for future water supply in the County. 6.04.01(9) The Project will not create an undue financial burden on existing or future residents of the County. The determination of the financial effects of the Project may include but is not limited to the following considerations: (a) Changes in assessed valuation. (b) Tax revenues and fees to local- governments that will be generated by the Project. (c) Changes in tax revenues caused by agricultural lands being removed from ii production. (d) Changes in costs to water users to exercise their water rights. (e) Changes in costs of water treatment or wastewater treatment. (f) Effects on wastewater discharge permits. (g) Changes in total property tax burden. 6.04.01(10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. The determination of the effects of the Project on . the economy may include but is not limited to the following considerations: (a) Changes to projected revenues generated from each economic sector. (b) Changes in the value or productivity of any lands. (c) Changes in opportunities for economic growth and diversification. 6.04.01(11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. The determination of effects of the Project on recreational opportunities and experience may include but is not limited to the following considerations: (a) Changes to existing and projected visitor days. (b) Changes to duration of kayaking and rafting seasons. (c) Changes in quality and quantity of fisheries. (d) Changes in instream flows or reservoir levels. (e) Changes in access to recreational resources. (f) Changes to quality and quantity of hiking trails. (g) Changes to the wilderness experience or other opportunity for solitude in the natural environment. (h) Changes to hunting experiences. 6.04.01(13) The Project will not significantly degrade air quality. The determination of effects of the Project on air quality may include but is not limited to the following considerations. iii • (a) Changes to seasonal ambient air quality. (b) Changes in visibility and microclimates. (c) Applicable air quality standards. 6.04.01(14) The Project will not significantly degrade existing visual quality. The determination of visual effects of the Project may include but is not limited to the following considerations: (a) Visual changes to ground cover and vegetation, waterfalls and streams, or other natural features. (b) Interference with viewsheds and scenic vistas. (c) Changes in appearances of forest canopies. (d) Changes in landscape character types of unique land formations. (e) Compatibility of building and structure design and materials with surrounding land uses. 6.04.01(15) The Project will not significantly degrade surface water quality. The determination of effects of the Project on surface water quality may include but is not limited to the following considerations: (a) 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. (b) Applicable narrative and numeric water quality standards. (c) Changes in point and nonpoint source pollution loads. (d) Increase in erosion. (e) Changes in sediment loading to waterbodies. (f) Changes in stream channel or shoreline stability. (g) Changes in stormwater runoff flows. (h) Changes in trophic status or in eutrophication rates in lakes and reservoirs. (i) Changes in the capacity or functioning of streams, lakes or reservoirs. iv • (j) Changes in flushing flows. (k) Changes in dilution rates of mine waste, agricultural runoff and other unregulated sources of pollutants. 6.04.01(16) The Project will not significantly degrade groundwater quality. The determination of effects of the Project on groundwater quality may include but is not limited to the following considerations: (a) Changes in aquifer recharge rates, groundwater levels and aquifer capacity including seepage losses through aquifer boundaries and at aquifer-stream interfaces. (b) Changes in capacity and function of wells within the impact area. (c) Changes in quality of well water within the impact area. 6.04.01(17) The Project will not significantly degrade wetlands and riparian areas. The determination of effects of the Project on wetlands and riparian areas may include but is not limited to the following considerations: (a) Changes in the structure and function of wetlands and riparian areas. (b) Changes to the filtering and pollutant uptake capacities of wetlands and riparian areas. (c) Changes to aerial extent of wetlands and riparian areas. (d) Changes in species' characteristics and diversity. (e) Transition from wetland to upland species. (f) Changes in function and aerial extent of floodplains. 6.04.01(18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The determination of effects of the Project on terrestrial or aquatic life may include but is not limited to the following considerations: (a) Changes that result in loss of oxygen for aquatic life. (b) Changes in flushing flows. (c) Changes in species composition or density. (d) Changes in number of threatened or endangered species. (e) 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. (f) 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. (g) Changes to the aquatic and terrestrial food webs. 6.04.01(19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. The determination of effects of the Project on ten-estrial plant life or habitat may include but is not limited to the following considerations: (a) Changes to habitat of threatened or endangered plant species. (b) Changes to the structure and function of vegetation, including species composition, diversity, biomass, and productivity. (c) Changes in advancement or succession of desirable and less desirable species, including noxious weeds. (d) Changes in threatened or endangered species. 6.04.01(20) The Project will not significantly deteriorate soils and geologic conditions. The determination of effects of the Project on soils and geologic conditions may include but is not limited to the following considerations: (a) Changes to the topography, natural drainage patterns, soil morphology and productivity, soil erosion potential, and floodplains. (b) Changes to stream sedimentation, geomorphology, and channel stability. (c) Changes to lake and reservoir bank stability and sedimentation, and safety of existing reservoirs. (d) Changes to avalanche areas, mudflows and debris fans, and other unstable and potentially unstable slopes. (e) Exacerbation of seismic concerns and subsidence. 6.04.01(21) The Project will not cause a nuisance. The determination of nuisance effects of the Project may include but is not limited to the following considerations: ~i • (a) Increase in odors. (b) Increase in dust. (c) Increase in fumes. (d) Increase in glare. (e) Increase in heat. (f) Increase in noise. (g) Increase in vibration. (h) Increase in artificial light. (i) Increase in traffic impacts. a 6.04.01(23) The Project-will not result in unreasonable risk of releases of hazardous materials. The determination of the risk of release of hazardous materials caused by Project may include but is not limited to the following considerations: (a) Plans for compliance with federal and state handling, storage, disposal, and transportation requirements. (b) Use of waste minimization techniques. (c) Adequacy of spill prevention and response plans. 6.04.02(1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The determination of whether the Project emphasizes the most efficient use of water may include but is not limited to the following considerations: (a) Whether the Project uses readily available conservation techniques. (b) W hether the Project recycles water to the greatest extent allowed by law. 6.04.02(2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The determination of whether the Project will result in excess capacity or create duplicate services may include but is not limited to the following considerations: (a) Whether the Project creates overlapping or competing service areas. (b) Whether the Project differs significantly from the provider's facility plan. Vll s a (c) Whether the Project impacts other water and wastewater permits. 6.04.02 (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. The determination of whether the Project meets community development and population demands may include but is not limited to the following considerations: (a) Relationship to reasonable growth projections and local land use plans. (b) Relationship to other water and wastewater provider's service area. 6.04.02 (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. The determination of potential for pollution of the aquifer recharge areas by the Project may include but is not limited to the following considerations: (a) Proximity of urban development and population densities to aquifer recharge areas. (b) Proximity of stormwater and sanitation systems to aquifer recharge areas. (c) Changes in water quality in the aquifer recharge areas. 6.04.03(1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. The determination of whether the Project is reasonably necessary may include but is not limited to the following considerations: (a) Relationship to reasonable growth projections and local land use plans. (b) Relationship to other water and wastewater provider's service area. (c) Whether the Project is not in compliance with regulatory or technological requirements or will not be in compliance in the near future. 6.04.03(2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The determination of whether consolidation is feasible shall include but is not limited to the following considerations: (a) Whether there is an opportunity for consolidation. (b) The environmental, financial and social feasibility of consolidation. vin 6.04.03(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. The determination shall include but is not limited to the following considerations: (a) Relationship to reasonable growth projections and local land use plans. (b) Proximity to other water and wastewater provider's service area. 6.04.03(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. The determination shall include but is not limited to the following considerations: (a) Relationship of the Project to approved land use plans for the area. (b) The environmental, financial and social impacts related to such development. ix 6.06 FLOODPLAIN REGULATIONS 6.06.01 Title and Citation. These various sections constituting Section 6.06 of the "Eagle County Guidelines and Regulations for Matters of State Interest" may be cited as the "Floodplain Regulations" of Eagle County. 6.06.02 Statutory Authorization. The Legislature of the State of Colorado has in Section 31-23-301, C.R.S. 1973, as amended, delegated the responsibility of local govemmental units to adopt. regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Board of County Commissioners of Eagle County, Colorado does ordain as follows: (1) Finding of Fact. (a) The flood hazard areas of Eagle County are subject to periodic inundation which results in-loss of life and property, health and safety hazards, disruption of commerce and govemmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (2) Methods of Reducing Flood Losses. In order to accomplish its purposes, this ordinance includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 1. (c) Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel flood waters; (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood bamers which will unnaturally divert flood waters or which may increase flood hazards in other area. 6.06.03 Purpose and Intent. The purpose and intent of the regulations contained in this Section shall be to: (1) Promote the public health, safety, and general welfare. (2) Regulate various floodplains constituting natural hazards of state and local interest, the occupation of which is likely to cause. the loss of human life and the destruction of property and the imprudent occupation of which will pose a continuing and greater future danger to life and property without proper regulation of their use and occupation. (3) Facilitate the administration of floodplain hazard areas by establishing requirements which must be met before development in such areas is permitted. (4) Minimize significant hazards to public health and safety or to property in floodplain hazard areas, to encourage open space activities such as agriculture, recreation, and mineral extraction, and to ensure that any combination of these activities are conducted in a mutually compatible manner. (5) Prohibit the building of certain structures in Floodway Districts of floodplains and to require that structures permitted in Flood Fringe Districts of floodplains are designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impacts of such development on downstream communities such as the creation of obstructions during floods. (6) Prohibit all activities which, in time of flooding, would create 2 • significant hazards to public health and safety, or to property and to protect shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems from inundation by floodwaters. (7) Prohibit the placement of fill materials and structures which would significantly obstruct flood flows to the potential damage of others or cause potentially damaging debris to be carried downstream. (8) Protect the public from the burden of avoidable financial expenditures for flood control projects and flood relief measures. (9) Prevent avoidable business and commerce interruptions. (10) Minimize damages to public utilities, roads, and bridges. (11) Minimize victimization of unwary home and land purchasers. (12) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. (13) Minimize prolonged business interruptions. (14) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. (15) Ensure that those who occupy the areas of special flood hazards assume responsibility for their actions. 6.06.04 Definitions. Unless specifically defined herein below or in section 6.01.09 of the "Eagle Coun ty Guidelines and Regulations for Matters of State Interest," words and phrases in these Floodplain Regulations are interpreted to give them the meanings they have in ordinary usage. (1) Accessory Use or Structure. A subordinate use or structure customarily incidental to the principal use or structure and which is located on the same lot with the principal use or building. (2) Appeal. A request for a review of the County's interpretation of any provisions of this ordinance or a request for a variance. (3) Applicant. Any person applying for a permit to engage in development in a designated floodplain hazard area. 3 (4) Area of Special Flood Hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. (5) Base Flood. A flood having a one percent (1 %) chance of being equaled or exceeded in any given year. The term is used interchangeably with "intermediate regional flood," "one hundred year flood," and "one percent chance flood." (6) Channel. A natural or artificial water course of perceptible extent with definite bed and banks to confine and conduct continuously or intermittently flowing water. (7) Critical Feature. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. (8) Debris Fan Floodplain. A floodplain located on triangular-shaped landform formed by deposition of water-transported rock fragments, soil and other debris where a tributary stream flows onto the floor of a larger trunk stream valley. (9) Designated Floodplain District (DFD). The area designated as a floodplain by official action of the Board of County Commissioners with the prior concurrence of the Colorado Water Conservation Board as prescribed by statute. (10) Development. Any construction or activity that changes the basic character, use or the topography of the land on which the construction or activity occurs, including, but not limited to, any man-made change to improved or unimproved real estate, construction or substantial improvement of buildings or other structures; mining, dredging, filling, grading, paving, excavation, or drilling operations; dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, culvert, fence, encroachment or alteration located within the area of special flood hazard. (11) Dry Wash Channel. Natural passageways or depressions of perceptible extent containing intermittent flow. (12) Dry Wash Floodplain. An area subject to sudden overFlow of floodwater or flood borne debris from a dry wash channel. (13) Energy Grade Line. Aline showing the total energy of the flow 4 • • across across-section. (14) Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of streams, rivers. or other inland water bodies or (b) the unusual and rapid accumulation or runoff of surface waters from any source. (15) Floodplain. An area of land periodically subject to partial or complete inundation from a flood. (16) Floodplain Hazard Area. One or more of the following: Flood Prone District (FPD), or Designated Floodplain District (DFD). (17) Flood proofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (18) Floodway District (FWD. The high hazard area of a Designated Floodplain District and encompasses an area which includes the channel of a stream or other watercourse and any adjacent floodplain areas which are reasonably required to carry and discharge the floodwaters of a base flood and which must be kept free of development so the base flood can be carried without an increase in flood height. If the floodway is not identified, it is considered to be identical to the Designated Floodplain District. Specifically, a Floodway District may be defined as the stream channel plus any adjacent floodplain areas that must be kept free of development so the base flood can pass with no more than a .5 (1/2) foot increase in the water surface elevation or the energy grade line, providing hazardous velocities are not produced. However, in no instance shall the Floodway-Flood Fringe boundary be closer than twenty-five (25) feet to the natural streambank. (19) Flood Fringe District (FFD). The low hazard area, encompassing that area between the outer boundary of a Floodway District and the outer limit of a Designated Floodplain District. (20) Flood Insurance Rate Map (FIRM. An official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 5 ~ ~ (21) Flood Insurance Study. The official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map and the water surface elevation of the base flood. (22) Flood Prone District (FPD). An approximate area encompassing the area in and adjacent to a stream or other watercourse, which area is subject to flooding as the result of a base flood, the water surface elevations of which have not been determined by detailed engineering study. Such area is equivalent to the °area of special flood hazards" designated as "Zone A" on Flood Insurance Rate Maps (FIRM) and to "Flood Prone Areasn on U.S. Geological Survey Flood Prone Area Maps. (23) Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. (24) Levee System. A flood protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. (25) Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. (26) Manufactured Home. A structure which is transportable in one or more sections, built on a permanent chassis and which is designed for use with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. This definition applies only to the administration of these floodplain regulations. (27) Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. (28) Mean Sea Level. For purposes of the National Flood Insurance Program and administration of these Floodplain Regulations, the 6 ~ ~ National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (29) New Construction. Structures for which the "start of construction" commenced on or after the effective date of this ordinance. (30) Nonconforming Use. Any structure, development, or land use in existence on the effective date of these Floodplain Regulations and not permitted under the terms and provisions of these Floodplain Regulations. (31) Obstruction. Any dam, wall, embankment, levee, dike, pile, abutment, projections, excavation, channel rectification, bridge, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any floodplain which might impede, retard, or change the direction of flow of water, either by itself or by catching or collecting debris carved by such water. (32) Program Deficiency. A defect in a community's flood plain management regulations or administrative procedures that impairs effective implementation of these flood plain management regulations or of the NFIP standards in Sections 60.3, 60.4, 60.5, 60.6. (33) Recreational Vehicle. A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light-duty truck; and (d) designed primarily for use not as a .permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. (34) Regulatory Flood Protection Elevation. The elevation one (1) foot above the water surface elevation of the base flood. (35) Remedy a Violation. To bring the structure or other development into compliance with State or local flood plain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. (36) Start of Construction. Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. (37) Structure. Generally, a walled and roofed building that is normally primarily above ground and affixed to a permanent site, including, but not necessarily limited to the following, earth sheltered structures, manufactured homes, gas and liquid storage tanks, septic tanks, and sewage treatment facilities, agricultural storage tanks for chemicals, such as pesticides or fertilizers. (38) Substantial Improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either before the improvement or repair is started; or if the structure has been damaged and is being restored, before the damage occurred. The term does not include either: (a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places or on the Colorado State Historical Society's list of historical places. s ~ ~ (39) Uses. Any man-made orman-caused activity or structure on a parcel of land, temporary or permanent. (40) Variance. A grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. (41) Violation. The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in NFIP standards Section 60.3(b)5), (c)4), (c)10), (d)3), (e)2), (e)4), or (e)5) is presumed to be in violation until such time as that documentation is provided. (42) Water Surface Elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of riverine areas. (43) Watercourse. A natural or artificial channel, depression, slough, dry wash, gulch, arroyo, stream, creek, drainage way, pond, reservoir or lake in which water flows either continuously, intermittently or periodically. 6.06.05 Authori These Floodplain Regulations are adopted pursuant to, inter alia, Section 24-65.1-101, et sec,., C.R.S. 1973, as amended, and Section 29-20-101, et sea., C.R.S. 1973, as amended, and Section 30-28-101, et sew., C.R.S. 1973, as amended. 6.06.06 Applicability. (1) These Floodplain Regulations apply to applications for permits to engage in development in all designated floodplain hazard areas within the unincorporated territory of the County of Eagle. (2) Any person seeking to engage in development in any designated floodplain hazard area in the unincorporated territory of the County of Eagle shall obtain a permit pursuant to these Floodplain Regulations before seeking any other permit, rezoning, or other action required by the County of Eagle. (3) No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the 9 terms of this or other applicable regulations. (4) Subdivision Proposals. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivisions proposals shall have public utilities and facilities such as sewer, electrical, gas and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifth (50) lots or five (5) acres. (5) In the interpretation and application of these Floodplain Regulations, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally constructed in favor of the governing body; and, (c) Deemed neither to limit nor repeal any other powers granted under state statues. 6.06.07 Exemptions. (1) The exemptions listed under Section 6.02.12 of the "Eagle County Guidelines and Regulations for Matters of State Interest" shall apply to that portion of these Floodplain Regulations authorized exclusively under Section 24-65.1-101, et seq., C.R.S. 1973, as amended. (2) The provisions of these Floodplain Regulations shall not apply to a nonconforming use existing on the date the area in which the nonconforming use is located becomes subject to regulation. When such nonconforming use is discontinued for six months or more or a nonconforming structure is damaged or destroyed by flood, fire, wind, or any other means to the extent that at least fifty percent (50%) of the market value, any reuse, reconstruction or replacement of such structure shall be deemed a new use and shall be subject to the provisions of these Floodplain Regulations. In the event substantial improvement, as herein defined in section 10 6.06.04, is commenced to any nonconforming structure or use, such substantial improvement shall result in the permanent change of the structure or use to a conforming use or structure of which the provisions of these Floodplain Regulations shall apply. 6.06.08 Relationship of Floodplain Regulations to Other State and Federal Requirements. (1) Nothing in these Floodplain Regulations shall be construed as exempting an applicant for a permit from any other requirements of the County, state or federal laws and regulations. (2) These Floodplain Regulations are not intended to repeal, abrogate or impair any existing applicable requirements, easements, covenants, or deed restrictions which impose more restrictive requirements than these Regulations. Where these Floodplain Regulations and another regulation, requirements, easement, covenant, or deed restriction conflict or overlap, the more restrictive requirements shall control. (3) In the event of any conflict, inconsistency, or incongruity between the provisions contained within this Section 6.06 "Floodplain Regulations" and the provisions contained within the remaining provisions and sections of the "Eagle County Guidelines and Regulations for Matters of State Interest," the provisions contained within this Section 6.06 shall in all respects govern and control in the regulation of development in designated floodplain hazard areas within the unincorporated temtory of the County of Eagle. 6.06.09 Designation of Floodplain Management Administrator. (1) The Board of County Commissioners hereby designates the County Engineer as the Floodplain Management Administrator to assist in the implementation and administration of these Floodplain Regulations. Duties of the Floodplain Management Administrator shall include the following: (a) Receive completed applications and the fees associated therewith; (b) Initially review all permit applications to determine whether the requirements of these Floodplain Regulations have been satisfied and all necessary permits have been obtained from local, state or federal agencies from which prior approval is required by law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; 11 • (c) Obtain, review, and reasonably utilize any base flood elevation data available from state, federal or other sources; (d) Obtain and maintain the actual elevation records of the lowest floor, including the basement, of all new or substantially improved structures, and, if the structure has been flood proofed, the elevation to which the structure was flood proofed; and certification by a registered professional engineer or architect that the flood proofing methods for any non-residential structure meet the flood proofing criteria in section 6.06.20. (e) Maintain for public inspection all records pertaining to the provisions of these Floodplain Regulations including records of permits granted and records of all variance actions with justification for their issuance. Variances issued shall be reported on an annual basis to the Federal Insurance Administration; (f) Notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (g) For those uses not enumerated in section 6.06.18 of these Floodplain Regulations, to request the Floodplain Management Administrator to cause a determination to be made as to whether the site for the proposed development is located in a Floodway District, the Flood Fringe District, or outside the base floodplain pursuant to section 6.06.18 of these Floodplain Regulations; (h) Review all permit applications which involve a use or structure enumerated in sections 6.06.18 and 6.06.20 of these Floodplain Regulations and based thereon, to either approve the application and grant a permit, or deny the application pursuant to section 6.06.29 herein below. (i) Carry out other administrative duties in the implementation and administration of these Floodplain Regulations as the Board of County Commissioners may from time to time delegate to the Floodplain Management Administrator. (j) Review all development permits to determine if the proposed development is located in the Floodway. If located in the 12 • • Floodway, assure that the encroachment provisions of section 6.06.30 are met. 6.06.10 Designation of Floodplain Hazard Area. The Board of County Commissioners having considered the intensity of current and foreseeable development pressures, applicable Guidelines for Identification and Designation adopted and issued by the Colorado Land Use Commission, the Model Floodplain Regulations proposed by the Colorado Water Conservation Board, in conjunction with the Colorado Land Use Commission, and the Flood Damage Prevention Ordinance proposed by the Federal Insurance Administration of the Federal Emergency Management Agency, it is the order of the Board of County Commissioners that Floodplain Hazard areas be designated an area of State Interest and regulated pursuant to the provisions of this Section 6.06. 6.06.11 All Areas Designated Must Be Listed. All areas. and districts within the unincorporated territory of Eagle County that are subject to designation and regulation under this Section 6.06 are listed and described in sections 6.06.12 and 6.06.17, respectively, and as identified on the Official Maps adopted by the County of Eagle, Any and all areas not so listed have not been designated and regulated under other applicable rules and regulations of the County of Eagle. 6.06.12 Description of Designated Floodplain Hazard Areas. Eagle County hereby declares that all floodplains which are heretofore or hereafter identified and designated as floodplain hazard areas in order to meet the purposes and intent of these Floodplain Regulations shall be listed herein: (1) Where sufficient data is available to determine the effect thereof on existing or foreseeable land uses, the floodplain may be divided into a Flood Prone District (FPD) and a Designated Floodplain District(DFD) of which the Designated Floodplain District may be further divided into a Floodway District (FWD) and a Flood Fringe District (FFD). 6.06.13 Reasons for Designation. Floodplain hazard area is hereby designated as an area of State interest for the reasons stated in section 6.06.02 of this Section 6.06. 6.06.14 Adoption of Official Map(s). 13 r~ ~~ r~ u (1) Prior to official adoption of any and all maps delineating floodplains, the Eagle County Planning Commission shall review such maps proposed for official adoption and present to the Board of County Commissioners its recommendation for adoption, rejection, or adoption with modification of the maps. (2) Maps delineating floodplains to be designated and regulated shall be officially adopted by the Board of County Commissioners only after a public hearing. Public notice of such hearing shall be in compliance with the following procedure: (a) The Board of County Commissioners shall prepare a notice of the designation hearing which shall include: (i) The time and place of the hearing; (ii) The place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined; (iii) The telephone number where inquiries may be answered; (iv) A description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to property which would be included. The notice should include, when practicable, both the legal description of the property as well as any general or popular names of the property. (b) At least thirty (30) days, but no more than sixty (60) days before the public hearing, the Board of County Commissioners shall publish the notice in a newspaper of general circulation in the County and shall mail the notice by first class mail to each of the following: (i) The Colorado Land Use Commission, the Colorado Water Conservation Board, and other State and Federal agencies, as deemed appropriate in the discretion of the Board of County Commissioners; (ii) In the discretion of the Board of County Commissioners, members 'of the news media and any other person considered to be likely to be affected by the proposed designation; 14 (iii) If any other local governmental jurisdiction would be directly or indirectly affected, the proposed designation similarly may be mailed to such government and to the Regional Planning Commission and/or Council of Governments. (3) At the public hearing described in the paragraph next above, the Board of County Commissioners shall consider such evidence as may appear appropriate including as a minimum: (a) The consistency of the boundaries with available data establishing the geographic extent of the regulated area; (b) The necessity of the regulation for the public health, safety and welfare; (c) The recommendations of the Planning Commission; and (d) Relevant testimony and evidence presented. (4) At the conclusion of such hearing, or within thirty (30) days thereafter, the Board of County Commissioners shall adopt, adopt with modification, or reject the proposed maps which were the subject of the public hearing. The decision of the Board of County Commissioners shall be evidenced by written findings concerning each of the matters referred to in section 6.06.13(3) hereinabove. (5) No floodplain shall be designated by the Board of County Commissioners until such designation has been first approved by the Colorado Water Conservation Board pursuant to Section 30-28- 111 and Section 24-65.1-403 (3)b), respectively, C.R.S. 1973, as amended. (6) True and official copies of maps of floodplains so designated and regulated by the Board of County Commissioners shall be filed with and be made available for public inspection at the Office of the Clerk and Recorder of the County of Eagle and shall also 6e available for public inspection in the Office of the Department of Engineering. 6.06.15 Interpretation. Where interpretation is needed as to the exact location of the boundaries of floodplains or subdivisions thereof, the Board of County Commissioners shall make the necessary interpretation. If available, the base flood 15 elevation as shown on the flood profiles and in the elevation tables shall be the governing factor in determining accurate boundaries and shall take precedence over the boundaries shown on the maps. 6.06.16 Appeals. (1) Appeals to the technical accuracy of the official floodplain maps and base flood elevations may be made by anyone prior to, or following, the adoption of the official maps and reports. (2) Appeals shall be filed with the Board of County Commissioners and technical engineering data shall be furnished to support the appeal. After the engineering and technical data has been reviewed by the Board of County Commissioners, the Colorado Water Conservation Board, and The Federal Insurance Administration and found to be accurate, the official map and base flood elevations shall be amended and redesignated by the Colorado Water Conservation Board. (3) The Board of County Commissioners shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain Management Administrator in the administration and enforcement of this regulation. Appeals to the Board of County Commissioners shall be made in writing. 6.06.17 Official Maps. (1) The floodplains for the County of Eagle are identified in the following reports: (a) Gore Creek floodplain Information, Vail, Eagle County, Colorado, prepared by Hydro-Triad, Ltd., and dated June, 1975; (b) floodplain Information Report of the Roaring Fork and Fryingpan Rivers, Eagle County, Colorado, prepared by Wright-McLaughlin Engineers and dated February, 1978; (c) A report entitled "Flood Insurance Study, Eagle County, Colorado, Unincorporated Areas," which includes detailed floodplain information and data for Buffer Creek, Eagle River at Mintum, Fryingpan River, Taylor Creek, Brush Creek, Roaring Fork River, Eagle River at Red Cliff, and Turkey Creek, dated and revised January 25, 1983, prepared by Gingery Associates, Inc., under contract with the Federal Insurance Administration; and 16 ~ ~ (d) United States Department of the Interior, Geological Survey Maps of Flood Prone areas for the Basalt Quadrangle, Edwards Quadrangle, Eagle Quadrangle, Gypsum Quadrangle, Mintum Quadrangle, and Wolcott Quadrangle. (e) Flood Insurance Rate Maps prepared by FEMA for Eagle County, last revised January 25, 1983. (f) Any further floodplain studies that have been approved by the Board of County Commissioners with the prior concurrence of the Colorado Water Conservation Board. (2) The location and boundaries of the floodplain hazard areas established by these Floodplain Regulations are shown upon the official maps of the County of Eagle which are hereby incorporated into these Floodplain Regulations as if set out in full herein. Said maps and reports, together with all explanatory matter, water surface elevations, profiles, and cross-sections, where available, and all amendments thereto, shall be as much a part of these Floodplain Regulations as if fully set forth and described herein. (3) Maps officially adopted by the Board of County Commissioners as apart of these Floodplain Regulations may be amended in accordance with the procedures prescribed in section 6.06.14, Adoption of Official Map(s). 6.06.18 Establishment of Floodplain Hazard Districts. The floodplain hazard areas within the unincorporated territory of the County of Eagle subject to these Floodplain Regulations are hereby divided into the following districts. (1) Flood Prone District (FPD) as defined in section 6.06.04 of these Floodplain Regulations. (2) Designated Floodplain District (DFD) as defined in section 6.06.04 of these Floodplain Regulations. A Designated Floodplain District may be divided into the following sub-districts: (a) Floodway District (FWD) as defined in section 6.06.04 of these Floodplain Regulations; (b) Flood Fringe District (FFD) as defined in section 6.06.04 of these Floodplain Regulations. 17 6.06.19 Use Regulations for Flood Prone District (FPD). (1) The provisions of this section 6.06. 19 shall apply to each Flood Prone District shown and identified on the official map or maps listed and described in this Section 6.06. (2) No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a Flood Prone District without first obtaining a permit pursuant to these Floodplain Regulations. (3) No development on or over any portion of a Flood Prone District shall be permitted which alone, or cumulatively with other such activities, would cause or result in any of the following: (a) The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life. s (b) The disposal of garbage or other solid waste materials. (c) The potential of substantial solid debris or waste being carried downstream by floodwaters. (4) The following uses shall be allowed within a Flood Prone District: (a) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, and sod farming. (b) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, target ranges, shooting preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, and hiking and equestrian trails, except that structures accessory to such uses shall not be located in a Flood Prone District. (5) The Board of County Commissioners finds and declares that within each such Flood Prone District one or more flood hazards exist but that the flood hazard's specific extent has not yet been determined. The boundaries of the Flood Prone District may be based, among other things, on physical factors indicating flow and direction of water which may be of flooding significance, historical flooding experience, or other readily available data. 18 (6) The flood hazard is of such significance that before any proposed development, other than those uses enumerated in subsection 4(a) and (b), respectively, of this section 6.06.19, may be permitted in any portion of such area, public health, safety and welfare require that a determination shall be made as to whether the site of the proposed development or activity is located within a Floodway District or Flood Fringe District. The Floodplain Management Administrator shall make such determination promptly and as may be appropriate and practical. Any application for a permit to conduct development in a Flood Prone District shall not be considered complete or be accepted unless and until it is accompanied by the results of studies necessary to determine whether the proposed development is located in a Floodway District or Flood Fringe District. (7) Such studies referred to in the paragraph next above shall meet the technical criteria established by the Colorado Water Conservation Board for the review and designation of floodplain delineation studies. Such studies may be financed by the County of Eagle, the applicant for a permit, or otherwise. (8} Upon receipt of the completed study and a determination by the Floodplain Management Administrator that such study is true and accurate, the Floodplain Management Administrator shall inform the applicant in writing whether the site of the proposed development or activity lies within any of the following: (a) A Floodway District, in which case further processing of the application shall be govemed by section 6.06.20, herein below, and the applicable provisions of this Section 6.06. (b) A Flood Fringe District, in which case further processing of the application shall be govemed by section 6.06.21, herein below, and the applicable provisions of this Section 6.06. (c) None of the above, in which case none of the provisions of this Section 6.06 shall have any further applicability to such application. 6.06.20 Use Regulations for Floodway District (FWD). (1) The provisions of this section 6.06.20 shall apply to each Floodway District shown and identified on the official map or maps listed and described in section 6.06.17. Since the Floodway District is an extremely hazardous area due to the velocity of flood waters which 19 ~ ~ carry debris, potential projectiles and erosion potential, the following provisions apply. (a) No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a Floodway District without first obtaining a permit pursuant to these Floodplain Regulations. (b) No development, use, fill, construction, or alteration in, on or over any portion of a Floodway District shall be permitted which alone, or cumulatively with other such activities, would cause or result in any of the following: (i) The human occupation of structures, either fixed or mobile, for residential purposes, either permanent or temporary. (ii) The development or use of public and commercial overnight campgrounds and travel trailer parks. (iii) The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life. (iv) The disposal of garbage or other solid or liquid waste materials. (v) The potential of substantial solid debris or waste being carried downstream by floodwaters. (vi) An obstruction or encroachment that would adversely affect the efficiency of or restrict the flow or capacity of a designated floodplain so as to cause foreseeable damage to others, wherever located. (vii) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (c) If subsection (vii), above is satisfied, all new construction and substantial improvements shall comply with all 20 ~ ~ applicable flood hazard reduction provisions of Section 6.06. 6.06.21 Use Regulations for Flood Frinae District (FFD). (1) The provisions of this section 6.06.21 shall apply to each Flood Fringe District shown and identified on the map or maps listed and described in section 6.06.17. (2) No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a Flood Fringe District without first obtaining a permit pursuant to these Floodplain Regulations. (3) No development or uses on or over any portion of a Flood Fringe District shall be permitted which alone, or cumulatively with other such development or uses, would cause or result in any of the following: (a) The storage or processing of materials that in time of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal, or plant life. (b) The disposal of garbage or other solid or liquid waste materials. (c) The potential of substantial solid debris or waste being carried downstream by floodwaters. (4) The following uses shall be allowed within a Flood Fringe District: (a) Residential structures and uses are allowed provided that: (i) Any residential or nonresidential building or structure, whether fixed or mobile, designed for human occupancy or the storage of property, shall be constructed, located or improved so that any external wall shall be not less than fifteen (15) feet from the stream side of the Flood Fringe District; and (ii) The lowest floor, including the basement, of any such building or structure shall be not less than one (1) foot above the maximum Base Flood Elevation. The lowest adjacent grade surrounding the structure shall be filled to at least the Base Flood Elevation, compacted with slopes and protected by vegetated cover. 21 r7 (iii) The lowest interior grade, including crawl spaces, shalt not be lower than the lowest adjacent grade. (b) Nonresidential structures or uses are. allowed provided that any such commercial, industrial or other nonresidential structure or use shall: (i) Either have the lowest floor, including the basement, not less than one (1) foot above the maximum water surface elevation of the computed base flood; or (ii) Together with attendant utility and sanitary facilities shall be flood proofed so that below the computed base flood level the structure is water tight with walls substantially impermeable to the passage of water; have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and be certified by a registered engineer or architect that the standards of this subsection (b) are satisfied. Such certifications shall be submitted to the Floodplain Management Administrator or its designated representative and provide that where a non-residential structure is intended to be made watertight below the base flood level, (i) a registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this section, and (ii) a record of such certificates which includes the specific elevation (in relation to mean sea level) to which structures are satisfied. Such certifications shall be provided to the Floodplain Management Administrator. (iii) In the event that floodwaters in a Flood Fringe District can be expected to attain a velocity greater than three (3) feet per second (at any point where the proposed development is to occur), additional flood proofing shall be required sufficient to withstand such greater water velocity. (c) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck 22 farming, forestry, and sod farming. (d) Private and public recreational uses, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, trap and skeet ranges, hunting and fishing areas, fish hatcheries, hiking and equestrian trails. (e) Open area residential uses such as lawns, gardens, parking areas, and play areas. (f) Uses accessory to open space or uses for which a permit is required under these Floodplain Regulations. (g) Railroads, streets, roads, bridges, utility lines and facilities, and structures for imgation, drainage or flood control. 6.06.22 Use Regulations for Mobile Homes and Mobile Home Parks. (1) Use of existing manufactured home parks or sites within a Floodway District, a Flood Fringe District or a Flood Prone District may be continued as a nonconforming use .provided, however, that any manufactured home located within a Floodway District, a Flood Fringe District and/or a Flood Prone District shall within sixty (60) days from the adoption of these Floodplain Regulations be anchored to resist flotation, collapse or lateral movement in the event of flooding by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows: (a) Over-the top ties be provided at each of the four comers of the manufactured home with two additional ties per side at intermediate locations, with manufactured homes less than fifty (50) feet long requiring one additional tie per side; and (b) Frame ties be provided at each comer of the home with five additional ties per side at intermediate points, with homes less than fifty (50) feet long requiring four additional ties per side; and (c) All components of the anchoring system be capable of canying a force of 4,800 pounds; and (d) Any additions to the home be similarly anchored. (2) Development of new manufactured home parks, the expansion of 23 • any existing manufactured home parks, or the placement of any manufactured homes outside a manufactured home park within a Floodway District, Flood Fringe District or Flood Prone District shall be prohibited. (3) All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and is secured to an adequately anchored foundation system: (4) Recreational Vehicles that meet the following conditions may be located in a Flood Fringe District: (a) The Recreational Vehicle is located on the site for fewer than one hundred eighty (180) consecutive days. (b) The Recreational Vehicle is fully licensed and ready for highway use; or (c) The Recreational Vehicle meets the permit requirements and elevation and anchoring requirements for resisting wind forces. 6.06.23 Permit Required for Development in Floodplain Hazard Areas. (1) No person shall engage in development of any kind, whether a conforming or nonconforming use or structure, within a Floodway District, a Flood Fringe District or a Flood Prone District, without first obtaining a permit pursuant to these Floodplain Regulations. (2) The County of Eagle shall not issue a building permit for purposes of development within a Floodway District, a Flood Fringe District or a Flood Prone District, without the applicant first having obtained a permit pursuant to these Floodplain Regulations. 6.06.24 Application for Permit. (1) Any person seeking to engage in development of any kind within a Floodway District, a Flood Fringe District or a Flood Prone District shall apply for a permit from the Floodplain Management Administrator, on the appropriate form as set forth in "Exhibit 6: F.P." of the "Eagle County Guidelines and Regulations for Matters of State Interest" and maintained in the Department of Engineering. (2) Not later than ten (10) days following receipt of a completed application for a permit to engage in development in a Floodway 24 ~- i District, a Flood Fringe District or a Flood Prone District, the Floodplain Management Administrator shall determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings conducted therefore, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Floodplain Management Administrator nonrefundable certified funds in the amount set. Until the fee is paid to the Floodplain Management Administrator, the application for permit shall not be further processed. 6.06.25 Submission Requirements. An applicant for a permit to engage in development in a Floodway District, a Flood Fringe District or a Flood Prone District, shall submit to the Floodplain Management Administrator, as a minimum, five (5) copies, of the following information, maps, requirements and data: (1) A completed Application for a Floodplain Development Permit. See Exhibit 6: F.P. of this Section 6.06. . (2) A plan certi .fled by a professional engineer, registered in the State of Colorado, locating the proposed development with respect to the following: (a) The boundaries of the existing Flood Prone District or the Designated Floodplain District, as appropriate, along with the boundaries of the Floodway District and Flood Fringe District if such have been delineated; (b) The existing zoning of the property; (c) The nature of the proposed activity or development; (d) Building floor elevations; (e) Proposed flood proofing measures if any; (f) Specifications for building construction and materials, filling, dredging, grading, channel changes, storage of materials, water supply systems, and sanitary facilities; (g) Descriptions of any construction activity which would affect the hydraulic capacity of the floodway. 25 • (3) Maps or drawings identifying or describing the following: (a) A map showing the stream and channel, the designated Floodplain Hazard Area, the Flood Prone District or the Designated Floodplain District, as appropriate the area to be occupied by the proposed development, and all available flood elevation studies water surface elevations and base flood elevations. (b) A map with surface view showing elevations or contours of the ground; pertinent structures; fill or storage elevations; size; location and spatial arrangement of all proposed and existing structures on the site; and location and elevation of streets, roads, water supply systems, sanitary facilities and soil types. (c) Drawings showing the profile of the bottom of the channel at the thalweg and the water surface profiles described in subsection 6.06.25(3)(a), hereinabove. The elevations of fill and structures shall be shown. (4) The applicant shall submit the elevation (in relation to mean sea level) of the lowest floor (including basement) of the structures and, where the lowest floor is below grade on one or more sides, the elevation of the floor immediately above. (5) Where flood proofing is utilized for a particular structure in accordance with these Floodplain Regulations, a registered professional engineer or architect shall certify that the flood proofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood, and a record of such certificates indicating the specific elevation to which such structures are flood proofed shall be maintained with the Floodplain Management Administrator. (6) The applicant shall submit such other material as may be required by the Floodplain Management Administrator in order to determine if appropriate design and performance standards have been met. (7) For any application requesting a permit for development in a Flood Prone District, other than those uses enumerated in section 6.06.19 of these Floodplain Regulations, or which disputes the severity of hazardous conditions within any of the Floodplain Hazard Area districts, a floodplain study shall be completed and attached to the application. The purpose of such study is to determine more 26 a • precisely the flood hazard at the particular site and the impact of the proposed development on other areas inside and outside the floodplain boundary. All floodplain studies shall be conducted by a registered professional engineer experienced in floodplain studies. Because the Colorado Water Conservation Board is required by state statues to review floodplain studies and officially designate the base flood elevations, or changes to previously designated base flood elevations, floodplain studies must meet the technical standards established by the Board. To meet these technical standards, specifications for engineering studies and technical assistance are available from the Colorado Water Conservation Board. (8) If the existing district boundaries are to be changed or modified, the proposed boundaries shall be shown on a map of suitable scale and all supporting data shall be submitted. 6.06.26 Notice of Application. In addition to the notification requirements set forth in section 6.06.09, upon receipt of an application for a permit under this Section 6.06, the Floodplain Management Administrator shall notify in writing the following persons, entities, and/or agencies. (1) Upstream, downstream or adjacent communities affected by any development, fill or encroachment; (2) Adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (3) If an application involves a development downstream from a dam and reservoir subject to review and approval of the State Engineer, the Floodplain Management Administrator shall refer the application to the Dam Safety Section, Colorado Division of Water Resources, for review and comment. 6.06.27 Waiver of Submission Requirements. The Floodplain Management Administrator may waive any part but not all of the submission requirements imposed by these Floodplain Regulations upon petition of the applicant that a portion of the submission requirements is inapplicable to the development for which the permit is sought, and/or full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed 27 development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the Floodplain Management Administrator, upon a written determination that the information to be submitted is sufficient for the Floodplain Management Administrator to arrive at a permit decision in full compliance with the law and these Floodplain Regulations and that the proposed development will have an insubstantial impact on the surrounding area. 6.06.28 Map Requirements. (1) All maps required of the applicant shall be of a scale sufficiently detailed to allow the Floodplain Management Administrator to determine whether the proposed development and the topographic features of the land meet the requirements of these Floodplain Regulations. In no event shall the scale of maps be less than one inch equals two hundred feet (1 "=200 ft.) or such other scale as may be determined by the Floodplain Management Administrator. (2) All maps required shall show existing topographic contours of no greater than five (5) foot intervals. (3) All maps prepared by private contractors or consultants shall comply with the National Map Accuracy Standards. (4) All maps submitted by an applicant seeking a permit to develop a specific site shall show existing (dashed lines) and finished (solid lines) within the Floodway District, the Flood Fringe District, or the Flood Prone District, as appropriate. 6.06.29 Simplified Procedure for Uses Allowed in the Flood Prone District and Flood Fringe District. (1) A simplified procedure is hereby established for applications involving uses or structures enumerated in sections 6.06.19 and 6.06.21 of these Floodplain Regulations. (2) Any person seeking to engage in development of a use or structure enumerated in sections 6.06.19 and 6.06.21 shall apply for a permit from the Floodplain Management Administrator, on the appropriate form as set forth in "Exhibit 6: F.P." of these Floodplain Regulations. (3) Not later than ten (10) days following receipt of a completed application for a permit to engage in development of a use or structure enumerated in sections 6.06.19 and 6.06.21, the Floodplain Management Administrator shall determine and set a 2s fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Eagle County Treasurer nonrefundable certified funds in the amount set. Until the fee is paid, the application for a permit shall not be further processed. (4) An applicant for a permit to engage in development of a use or structure enumerated in sections 6.06.19 and 6.06.21 shall submit to the Floodplain Management Administrator, as a minimum, five (5) copies of the information, maps, requirements, and data set forth in section 6.06.25 of these Floodplain Regulations. (5) All maps required of the applicant shall be in compliance with the provisions set forth in section 6.06.28 of these Floodplain Regulations. (6) If an application involves a use or structure enumerated in sections 6.06.19 and 6.06.21, the Floodplain Management Administrator shall within thirty (30) days after the submittal of a completed application and payment of the required fee either: (a) Approve the application and grant a permit if the proposed development complies with section 6.06.30 of these Floodplain Regulations. The Floodplain Administrator may attach such permit conditions as deemed necessary in furthering the purpose of this Floodplain Regulation. (b) Deny the application if the proposed development does not comply with the provisions of section 6.06.30 of these Floodplain Regulations. (7) Any decision of the Floodplain Management Administrator pursuant to this section 6.06.29 shall state, in writing, reasons for the decision, and the findings and conclusions, and shall be given to the applicant and the Board of County Commissioners, respectively, within ten (10) days after such decision. (8) Any person aggrieved by a final decision of the Floodplain Management Administrator made pursuant to this section 6.06.29 may appeal such decision to the Board of County Commissioners. The appeal shall be initiated within thirty (30) days after receipt of such decision by the aggrieved person; shall state in writing the reasons for the appeal; and, shall be accompanied by maps, engineering and technical data, and additional information 29 supporting the appeal. Upon receipt of a request to appeal the Floodplain Management Administrator's decision, the Board of County Commissioners shall conduct a public hearing in compliance with the following provisions: (a) The County shall set and publish a notice of the date, time and place for the Board hearing on the appeal. Such notice shall be published once in the County legal newspaper, not less than thirty (30) days nor more than sixty (60) days before the date set for the hearing. (b) The Board of County Commissioners shall hear testimony and receive evidence. (c) Although the Colorado Rules of Civil Procedure do not govern the conduct of the hearing, all persons appearing at the hearing, in person or by counsel, shall be afforded the right of cross-examination as well as reasonable opportunity to offer evidence in rebuttal. (d) Any person may, at his own expense, provide for the recording of the hearing and transcription thereof, provided, however, that a copy of the recording or transcript thereof, if transcribed, shall the furnished free of charge to the Board of County Commissioners and shall become part of the record. (e) The Board of County Commissioners shall collect and preserve the following record of the public hearing: (i) The permit application; (ii) Proof of publication of the hearing notice. (iii) Any written statements or documents presented in support of or in opposition to the permit application; (iv) The names and addresses of all persons making oral or written statements, appearing as witnesses, or offering documentary evidence; (v) Any recording or transcript, if any, of the hearing as provided herein; (vi) Written minutes of the Board of County Commissioners relating to the public hearing; 30 (vii) The resolution of the Board of County Commissioners granting or denying the permit application; and (viii) A copy of the permit, if issued. (f) Those aggrieved by a decision of the Board of County Commissioners may appeal such decisions to the Eagle County District Court. 6.06.30 Approval Criteria of a Permit Application. (1) A permit application to conduct an activity or use in a Floodway District shall not be approved unless the proposed development complies with the following criteria: (a) The applicant has submitted all information and complied with all requirements set forth in sections 6.06.24 and 6.06.25, respectively, of this Section 6.06. (b) The proposed development does not violate any of the prohibitions, restrictions, design standards and requirements set forth in section 6.06.20 of these Floodplain Regulations. (c) The proposed development will not otherwise violate the purposes and intent of these Floodplain Regulations. (d) The proposed development does not conflict with an approved master plan, sub-area plan or other land use policy. (e) The proposed development does not: (i) increase the depth of flooding in the floodway; (ii) increase flow velocities (iii) adversely change the direction of flow; or (iv) adversely affect the public health, safety, and general welfare. (f) Public and private facilities such as electrical, gas, sewer, and water systems that must be located within or across a Floodway District and designed by a professional engineer and certified that the floodplain hazard has been appropriately considered in order to minimize or eliminate 31 ~ ~ flood damage. (g) All Colorado Department of Health regulations regarding design and construction of such facilities are followed. (h) The applicant has obtained all necessary permits from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. (i) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood- canying capacity is not diminished. (2) A permit application to engage in development in a Flood Fringe District shall not be approved unless the proposed development complies with the following criteria: (a) The applicant has submitted all information and complied with all requirements set forth in sections 6.06.24 and 6.06.25, respectively, of this Section 6.06. (b) The proposed development does not violate any of the prohibitions, restrictions, design standards and requirements set forth in section 6.06.21 of these Floodplain Regulations. (c) The proposed development will not otherwise violate the purposes and intent of these Floodplain Regulations. (d) The proposed development does not conflict with an approved master plan, sub-area plan or other land use policy. (e) Public and private facilities such as electrical, gas, sewer, and water systems that must be located within or across a Flood Fringe District are designed by a professional engineer and certified that the flood hazard has been appropriately considered in order to minimize or eliminate flood damage. (f) All Colorado Department of Health regulations regarding design and construction of such facilities are followed. (g) All proposed construction is flood proofed to or above the regulatory flood protection elevation; anchored, where 32 • necessary, to prevent flotation, collapse or lateral movement and to withstand hydrodynamic loads; built with flood resistant materials and utility equipment resistant to flood damage; and using methods and practices that minimize flood damage. (h) The design of the proposed development is such that adequate drainage is provided on-site in order to reduce exposure to flood hazards. (i) The design of the proposed development is such that new or replacement water supply systems and sanitary sewage minimize or eliminate infiltration of floodwaters and provide for on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during or subsequent to flooding. (j) The design of the proposed development is such that all utility and sanitary facilities attendant to new construction and substantial improvements of residential and nonresidential structures shall be flood proofed to or above the regulatory flood protection elevation. (k) The design of the proposed development takes into account the availability of flood protection devices and the potential impact of the development on downstream communities, such as the creation of obstructions during flooding. (I) The applicant has obtained all necessary permits from those governmental agencies from which approval is required by Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. (m) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with 33 screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (3) A permit application to engage in development in a Flood Prone District shall not be approved unless the proposed development complies with the following criteria: (a) The applicant has submitted all information and complied with all requirements set forth in sections 6.06.24 and 6.06.25. (b) The proposed development does not violate any of the prohibitions, restrictions, design standards and requirements set forth in section 6.06.19. (c) The proposed development does not otherwise violate the purpose and intent of these Floodplain Regulations. (d) The proposed .development does not conflict with an approved master plan or sub-area plan. (e) Public and private facilities such as electrical, gas, sewer and water systems that must be located within or across a Flood Prone District are designed by a professional engineer and certified that the flood hazard has been appropriately considered in order to minimize or eliminate flood damage. (f) All Colorado Department of Health regulations regarding design and construction of such facilities are followed. (g) The applicant has obtained all necessary permits from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1973, 33 U.S.C. 1344.n. (4) In addition to the provisions set forth in the Administrative Regulations, in the event that a permit issued under these Floodplain Regulations will allow a manufactured structure to be located in a floodplain, the terms of the permit shall require notice that the structure is being located in a floodplain and must be disclosed to the mobile or manufactured structure and/or lot purchaser or lessee in the purchase contract, deed, or lease. (5) The Floodplain Management Administrator may attach such conditions to the granting of a permit for proposed development in a 34 ! ~ Floodway District, a Flood Fringe District or a Flood Prone District, as it deems necessary in furthering the purposes of these Floodplain Regulations. Such conditions may include, but not be limited to, specifications for modifying waste disposal and water supply facilities, landscaping, deed restrictions, or adequate Flood proofing. 6.06.31 Variances. The Floodplain Management Administrator may grant a variance or modification of the literal provisions of these Floodplain Regulations when strict application of these Floodplain Regulations would cause an undue hardship owing to physical circumstances unique to the individual property on which the variance is sought. 6.06.32 Application Procedure. (1) An application for a variance to these Floodplain Regulations shall be accompanied by non-refundable fees in the amount of Two Hundred and 00/100 Dollars ($200.00), but in no event shall such amount exceed the cost incurred in the review and approval or disapproval of the variance application. (2) An application for a variance to these Floodplain Regulations shall be submitted on such forms as shall be prescribed by the Floodplain Management Administrator. An applicant for a variance to these Floodplain Regulations shall submit to the Floodplain Management Administrator as a minimum five (5) copies of the completed application and technical data and information satisfactory to the Floodplain Management Administrator that the applicant has adequately addressed and fulfilled the criteria and factors set forth in sections 6.06.33, 6.06.34 and 6.06.35 which are to be utilized in the approval or disapproval of a variance to these Floodplain Regulations. (3) The applicant for a variance to these Floodplain Regulations shall submit such other material as may be required by the-Floodplain Management Administrator. 6.06.33 Issuance of Variances. Variances to these Floodplain Regulations shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in 35 ! • exceptional hardship to the applicant; and (3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or regulations. 6.06.34 Factors to be Considered. In deciding requests for variances from the requirements and standards of these Floodplain Regulations, the Floodplain Management Administrator shall consider all technical evaluations, all relevant factors, all standards specified in these Floodplain Regulations, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the proposed development to the community; (5) The availability of alternative locations for the proposed development which are not subject to flooding or erosion damage; (6) The compatibility of the proposed development with existing and anticipated development; (7) ~ The relationship of the proposed development to the master plan, sub area plan, land use policy and any applicable floodplain management program; (8) The safety of access to the property in times of flood for ordinary and emergency vehicles; (9) The expected height, velocity, duration, rate of rise, and debris transport capability of the floodwaters expected at the site in times of flood; (10) The cost of providing essential services such as maintaining or protecting public utility systems, roads, and bridges during and after floods; 36 (11) Any other relevant evidence submitted by the Colorado Water Conservation Board, the applicant, or other interested party. 6.06.35 Requirements Governing the Granting of Variances. (1) Variances affecting Floodway Districts shall not be issued if any increase in base flood levels would result during the base flood. (2) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (3) Any applicant to whom a variance is granted shall be given written notice that the structure(s) shall be permitted to be built with a lowest floor elevation below the base flood elevation, that premium rates for flood insurance shall increase significantly, and that such construction below the base flood elevation increases risk to life and property. (4) The granting of a variance shall not be deemed or construed to be deemed a waiver by the Floodplain Management Administrator of applicant's compliance with any and all applicable provisions and requirements set forth in this Section 6.06. (5) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base level, providing items (1-11) in section 6.06.34 have been fully considered. As the lot size increased beyond one-half acre, the technical justifications required for issuing the variance increases. (6) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 6.06.36 Conditional Variances. On consideration of the factors of section 6.06.34 hereinabove, the Floodplain Management Administrator may attach such conditions to the granting of variances, including but not limited to, the submittal of Financial Security as set forth in section 6.04.04 of the "Eagle County Guidelines and Regulations for Matters of State Interest" as necessary to further the purposes of these Floodplain Regulations. 37 • 6.06.37 Inspection. (1) The Floodplain Management Administrator or its authorized representative is hereby empowered and directed to inspect and examine the use, occupation or development of floodplains subject to these Floodplain Regulations for the purpose of determining from time to time whether any use, occupation, development or activity is in violation of any of the provisions of these Floodplain Regulations or any permit issued or required pursuant to these or other applicable regulations. (2) If a violation shall be found to exist, said Floodplain Management Administrator or its authorized representative shall by written order direct that such remedial action betaken forthwith as will result in full compliance with the applicable regulations; provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in these Floodplain Regulations; and provided further, that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of this or other applicable regulations in any court action instituted seeking full compliance therewith. 6.06.38 Enforcement and Penalties. Any person engaging in development in a designated or regulated Floodplain Hazard Area who does not obtain a permit pursuant to these Floodplain Regulations, who does not comply with permit requirements, who acts outside the authority of the permit, or who otherwise violates any of the provisions of these Floodplain Regulations, 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. 6.06.39 Wamina and Disclaimer of Liability. The degree of flood protection required by these Floodplain Regulations is considered reasonable for the protection of life and property and is based on engineering and scientific methods of study. Floods larger than the base flood may occur on rare occasions, or the flood height may be increased by man-made or natural causes, such as ice jams and bridge or culvert openings being restricted by debris. These Floodplain Regulations do not imply that areas outside the regulated floodplains or land uses permitted within such floodplains will be free from flooding or flood damages or that compliance with these Floodplain Regulations will prevent any or all damages from flooding. These Floodplain Regulations 38 w shall not create liability on the part of the County of Eagle or of any of its officers, employees, servants, or agents thereof for any flood damages that result from reliance on these Floodplain Regulations or any administrative decision lawfully made thereunder. 6.06.40 Severability. If any section, clause, provision, or portion of these Floodplain Regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of these Floodplain Regulations shall not be affected thereby and are hereby declared to be necessary for the public health, safety, and welfare. 6.06.41 Amendments. The regulations, restrictions, and boundaries set forth in these Floodplain Regulations may from time to time be amended, supplemented, changed or repealed in accordance with the procedures set forth in Section 6.02 of the "Eagle County Guidelines and Regulations for Matters of State Interest and by section 6.06.14 of this Section 6.06. 39 EXHIBIT 6: F.P. APPLICATION FOR A FLOODPLAIN DEVELOPMENT PERMIT An applicant for a permit to engage is Development in a Designated Floodplain District shall submit, as a minimum, three (3) copies of the following information: maps, requirements, and data. The Technical Information and Data Required shall be prepared and certified by a Professional Engineer, registered in the State of Colorado. NAME OF APPLICANT: MAILING ADDRESS: TELEPHONE: DATE: NAME OF PROJECT: SITE OF LOCATION: LEGAL DESCRIPTION; (Attach additional sheets if necessary) Owners and Interests: (Persons holding recorded legal, equitable, contractual and option interests in the properly described above). General Description of the Development Proposal: 40 APPLICATION FOR A FLOODPLAIN DEVELOPMENT PERMIT, PAGE 2 Is any portion of the development now complete: Yes No If yes, give reasons and date development or construction was completed: (Indicate work on drawings) Floodplain District in which the Proposed Development is located: Flood Prone District Flood Fringe District Floodway District The Proposed Development is: An allowed use in the above noted district. A special review or describing the following: * Site location map and zoning of the property. Uncertain as to District * A map showing the stream channel, the designated Floodplain Hazard area, the Flood Prone District or the Designated Floodplain District, as appropriate, the area to be occupied by the proposed development, and all available flood elevation studies, water surface elevations and base flood elevations. * Drawings showing the profile of the bottom of the channel at the thalweg and the water surface profiles. * A map with surface view showing elevations or contours of the ground; pertinent structures; fill or storage elevations; size; location and spatial arrangement of all proposed and existing structures on the site; and location and elevation of streets, roads, water supply systems, sanitary facilities and soil types. * Descriptions of any construction activity which would affect the hydraulic capacity of the floodway, indicating existing and proposed base flood elevations. * Specifications for building construction and materials filling, dredging, channel changes, storage of materials, water supply systems, sanitary facilities, and other utilities. * The elevation(s) (in relation to mean sea level) of the lowest floor (including basements) of existing and proposed structures. APPLICATION FOR A FLOODPLAIN DEVELOPMENT PERMIT, PAGE 3 41 l * Where Flood proofing is utilized for a structure, a registered professional engineer or architect shall certify that the Flood proofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. * Flood proofing certifications, indicating the specific evaluation to which such structures are flood proofed shall be submitted with this application or prior to issuance of a Certificate of Occupancy. The applicant may be required to submit other necessary information in order to determine if appropriate design and performance standards have been met. THE APPLICANT REQUEST A PERMIT FOR A PERIOD OF: APPLICANT: BY: Name: Title: NOTE: Within ten (10) days following receipt of a completed application for a permit the Floodplain Management Administrator shall determine and set a fee in an amount necessary to cover the costs incurred in the review of the permit application, including all hearings conducted therefore, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following his/her receipt of such notice, the applicant shall present to the Floodplain Management Administrator non-refundable certified funds, payable to Eagle County Treasurer, in the amount as set. Until the fee is paid to Eagle County, the application for a permit shall not be further processed. Floodplain Management Administration Eagle County 9-23-96 Date: 42