Loading...
HomeMy WebLinkAboutR84-20 amending 1041 regulationsi RESOLUTION OF THE ^ BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 84- _'Y_`��) G V 1 ,07 JOHHHETTEPHILLIPS EAGLE CTY. RECORDER MAY 9 2 59 PM '3q A RESOLUTION READOPTING AND AMENDING THE "GUIDELINES AND REGULATIONS FOR AREAS AND ACTIVITIES OF -STATE INTEREST OF THE COUNTY OF EAGLE, STATE OF COLORADO", RESOLUTION NO. 80 -25, AS AMENDED BY'RESOLUTION NOS. 80 -34, 80 -50, 80 -62, AND- 81 -11, RESPECTIVELY - _ WHEREAS, the -Board of County - Commissioners of the County of Eagle, State of Colorado ( "Board "), is authorized pursuant to Article 65.1, Title -24 of the Colorado Revised Statutes, to establish and designate certain areas and activities of State interest; to adopt regulations and guidelines to be used in connection with such designated matters Of State interest; to establish and designate a Local Permit Authority to receive applications for development in or conduct matters of State interest-; and to exercise other powers in connection therewith; and WHEREAS, the Board on April 14, 1980, pursuant to Resolution No. 80 -25, established and designated the following activities of State interest: a. Site selection and construction of major new domestic water and sewage treatment systems; b. Major extensions of existing domestic water and sewage treatment systems; and C. Efficient utilization of municipal and industrial water projects; adopted regulations and guidelines to be used in connection with matters of State interest; established the Board of County Commissioners of Eagle County as the Eagle County Permit Authority to receive applications for development in an area of State interest or for conduct'of an activity of State interest, x ' j r and to exercise other powers granted it in connection therewith; adopted certain forms to be used in designating matters of State interest, and a permit application and permit form for development in or conduct of a matter of State interest; and provided for a reasonable fee for the cost of processing a permit application and hearings in connection therewith; and WHEREAS, the Board on June 6, 1980, pursuant to- Resolution No. 80- 34,- amended Resolution No. 80 -25 -to reflect technical changes recommended by the Colorado Land Use Commission; and WHEREAS, the.Board.on September 24, 1980, pursuant to Resolution No. 80 -50, adopted Floodplain Regulations for the - County of Eagle, State of Colorado, including the adoption of Official Maps delineating Floodplain Hazard areas within the unincorporated territory of the County of Eagle; designation of Floodplain hazard areas as an area of State interest; and the adoption of Regulations and Guidelines to be used in connection therewith; and WHEREAS, the Board on December 1, 1980, and March 2, 1981, pursuant to Resolution Nos. 80 -62 and 81 -11, respectively, amended the aforementioned Floodplain Regulations to reflect technical changes recommended by the Colorado Land Use Commission and the Eagle County Environmental Health Office; and to adopt additional Official Maps delineating additional - Floodplain Hazard areas within the unincorporated territory of the County of Eagle, and in conjunction therewith, to designate such additional Floodplain Hazard areas as an area of State interest; and WHEREAS, the Board desires to amend the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, and 81 -11, respectively, by adding thereto and inserting therein those amendments and revisions as set forth in Exhibit A attached hereto and incorporated herein by this reference; and -2- �e 3 WHEREAS, public notice of the hearing before the Board to consider the aforementioned amendments was duly published in the Eagle Valley Enterprise at least thirty (30) days prior to but within sixty (60) days of such hearing; and WHEREAS, copies of the proposed amendments have been made available to the public at -the offices of the Board . and the Eagle County Department of Community - Development continuously from and including the date -of first publ - ication of not -ice of public hearing described in the paragraph next above; and - WHEREAS, the Board. has been granted general- aut- hority by the State Legislature to adopt such proposed amendments as set forth in Exhibit A; and WHEREAS, the Board, having conside- red-all of the testimony, regulations, guidelines, exhibits and other evidence presented at the aforesaid public hearing, .finds that it is necessary and in the public interest to amend and readopt the "Guidelines and Regulations for Areas and Activities of -State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as amended by- Resolution Nos. 80 -34; 80 -50, 80 -62, and 81 -11, respectively, to reflect the amendments and revisions as set forth in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, and 81 -11, respectively, is hereby amended as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, the entirety of the "Guideline's and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, and 81 -11, respectively, and as herein amended, is hereby readopted. -3- n � THAT, this amendment and readoption of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, and 81 -11, respectively, shall not constitute or be construed as a waiver of any violations existing at the time of adoption of this Resolution. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, 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-. THAT, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County, 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 c g g held the � � day of May, 1984. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COUNTY COMMISSIONERS By? C "'6�F? he Bla�d o By. e W. Keith Troxe Gha n man C0un•t)Z, Commissioners .`o ly,��/��. Davie E� NO t, Commissioner Da williams,' Commissioner IE41 EXHIBIT A AMENDMENTS TO GUIDELINES AND REGULATIONS FOR. _ AREAS AND ACTIVITIES OF STATE INTEREST OF THE - COUN'IY OF- EAGLE, STATE OF COLORADO Section No. *-, Change 6.01.16 Record -of Designation Proceeding- 1-206 Change second line, subsection.(1) to read, "following record of the - public hea ing, -at a minimum:^ 6.01.21 Permits required after designation;-Receipt of application form. Add the following after existing subsection (1): In the event a development or.activity and associated off -site improvements propose as an integral part of a subdivision or PUD under the jurisdiction o Eagle County's land use regulations is proposed to be served with water and/or sewer by a district, quasi - municipal corporation or v a munici alit it shall be the re o the service provider and or comply with the requirements of Guidelines and Regulations for —A v tate Interes nsibili these yeas and the County of At subsection (2), add after the sentence "An application shall not be accepted unless it is complete." The first reference to the Section No.. is to the Guidelines and Regulations for Areas and Activities of State Interest of the - County of Eagle, State of Colorado, as numbered in the Eagle County Land Use Regulations, 1932, as amended. The second reference is to the subject Guidelines and Regulations as numbered in the official adoption thereof. 4 . t 4 v.. ril �^vrzav��i _A request for waiver of submission r �uirements pursuant to these regulations steal not render the application incomplete. 6.01.23 Notice of Permit Heari 1 -303 Delete existing paragraph, replace as follows: Not later than thirt (30) da s after recei of a complete app ication or a permit the Permit Authority shall set and publish notice s of the ate, time and place for hearing s on said application anid an re nested waiver of submission requirements under Section O.V-1.14. In no case snail the ate for the hearing be set later than six months a ter the receipt of a complete Notice of t e public hearing on a waiver request snail be published in a newspaper of eneral circulation in the Count of Ea 1e, Cobra o within ten 10 days ot the Permit Authoric,y s action settin suc hearin ate. Sai notice sha a so e sent to all persons on the mai in list re wire Section .0 .14(/-). Notice of the public hearing on t e application itself shall be published once in a newspaper of general circulation in the County of Eagle, not less than thirty (30) nor more than sixty (60) days before the date set for hearing and shall also be given to other persons and entities in the same manner as set forth above for the notice of a designation hearing in Section 6.01.14. 6.01.25 Approval or Denial of Permit Application. 1 -305 Amend subsection (2) to read as follows: (2) The Permit Authority shall approve an application for a permit to engage in development in an area of state interest or -2- for the conduct of an activity of state interest if the proposed development or activity complies with the provisions of the regulations governing such area or activity, and may further attach reasonable conditions to said a royal. If the propose develop ment oes not comply with such regulations, the permit shall be denied. Add new subsection (3) as follows: (3) The burden of proof shall be upon the applicant to show compliance with the provisions of these regulations governing the area or activit or state interest involved. Renumber existing subsections (3) and (4) as (4) and (5), respectively. 6.01.30 Annual Review. 1 -310 Delete existing sections (1) and (2), replace as follows: (1) Within thirty (30) da s rior to each annual anniversary ate of the granting o a permit by the Permit Authority, the permittee sha11 submit to the Ea 1e Count De artment Of COMM unit Develo went on behalf o the Permit Authorit a report detai ing any and a1 as activities conducted the ermittee ursuant to the permit t including, ut not limite to, a satisfacto ry s owin that the ermittee has com lie with all conditions o the permit and applicable regulations. (2) The Eagle County Department of Communit Develo merit sha review the re ort set forth in parapLd-Inj 1 hereinabove withi thirt days tn t ereo . It the De artment etermines, based upon its review, t at the permittee as —� vluiaEea L rovisions of the ermit and /or a licab e re ulations, the De artment s a l re er the matter to the Permit Authority tor its consi eration at a sc e u e pu lic -3- 6.03.03(1) 3- 103(1) 6.03.03(2) 3- 103(2) 6.03.05(3) 3- 105(3) 3 � _ hearin If the Permit Authority determines at sai ublic -hearing t at the permittee has violated the PrOVISIULIS of the permit and/or applicable regulations, the Permit Authority may suspend and or revoke the permit in accordance with section 1 -309 hereinabove. - (3) Upon fulfillment of all permit conditions, this annual review requirement may De waived by the Permit `Authority. Definitions. Change definition of "major new domestic water system " -in subsection (1) to read as follows: "Major new domestic water s stem" means a system for provision to the _public of piped water for human consum t- n or a s stem for the provision to t e pu is of pipe water which wi11 De used in exchan e for water for human consum tion, i such s stem is ro ose to serve a total . develo ment densit o ten 10 or more resi entia wet in units or the equivalent thereof in other uses. Definitions. Change definition of "major new domestic sewage treatment system" at subsection (2) to read as follows: "Major new domestic sewage treatment system" means a new sewage treatment system and collector system ca a le of treatin the wastewater generated OZ a total development density of ten 0 or more residential dwelling units or the equivalent thereof in other uses. Applicability. Add new subsection (3) as follows: A permit under these regulations shall be required prior to or in conjunction with suoaivi sion, PUD or preliminary plan approval, but in every case must be obtained prior to commencement of construction of the project. -4- 6.03.12 Application for Permit. 3 -303 Change subsection (1) as follows: in first sentence, change phrase "on the appropriate form prescribed by the Colorado Land Use Commission" to "on -the appropriate form prescribed by _these regulations at Exhibit 6 ". Delete last sentence in subparagraph (1), which reads - "If the site location is approved by the Permit Authority, the same form may be submitted for action by the-Colorado Water Quality Control Commission." 6.03.13(5) Submission Reg - uirements. 3- 304(5) At subsection (5)(g) after the phrase "detail the source and rights ", delete the remainder of the paragraph, which reads "and quality of existing water supply which shall include a detailed statement of the proposed project's impact upon the total dissolved solids and hardness -of the Eagle River measured at Dowd Junction and Dotsero and of the Colorado River and the Roaring Fork River measured at the Garfield -Eagle County line, respectively," and replace with the following: "for the water supplies for the system, incluZI—ng anZ permits decrees or contracts for such rights or the application submitted for chap e of water ri hts, appropriation o water or auQmentat;nn 6.03.13(7) Environmental Impact Analysis. 3- 304(7)(a) (7) (a) Land use. Delete subsection (7)(a)(10), which reads "specify if excess service capabilities created by the proposed development will generate sprawl or strip development." Replace with the following: (7)(a)(10) Describe the robabilit that the system may be signi icant y a fected v -5- (4) Describe the potential effects of the Propose ro ect on the above- detailed water Features, including the e fects on present water quaiity and current uses. Inc1u e a detailed statement o t e propose project s im act u on the total dissolved solids and ar ness of the Ea le River measure t D d earth wakes, floods, fires, snowslides, avalanches, rocksli es, or an s i es and an measures to en to re uce the impact of suc 6.03.13(7) events upon the system. 6.03.13(7) (7)(b) Water Resources. 3- 304(7)(b) At subparagraph (7)(b)(iv)(3)(D), change "calculated Delete last sentence of subsection (7)(b)(1) which reads "describe the potential effects of the proposed project on the above - detailed water feature including the effects on 6.03.13(7) present water quality and current uses." 6.03.13(7) Add a new subsection (7)(b)(3) as follows: 3- 304(7)(b) of new subsections (3) and (4). Describe potential effects of the proposed development on eutrophication wasteload allocations and water quality of the Ea 1e River an d any exist ing or proposed reservoirs in th e Count . 6.03.13(7) Water Resources. 3- 304(7)(b) Add new subsection (7)(b)(4) as follows: (4) Describe the potential effects of the Propose ro ect on the above- detailed water Features, including the e fects on present water quaiity and current uses. Inc1u e a detailed statement o t e propose project s im act u on the total dissolved solids and ar ness of the Ea le River measure t D d .M a osa Junction and Dotsero and of the Colorado River and the Roarin Fork River measure at the Garfiel -Eagle Count ine respective) . 6.03.13(7) Water Resources. 3- 304(7)(b) At subparagraph (7)(b)(iv)(3)(D), change "calculated effort on the average salinity in Lake Powell after the project" to "calculated effect on average salinity in Lake Powell a—the project." 6.03.13(7) Renumber Sections 6.03.13(7)(b)(3) through 3- 304(7)(b) 6.03.13(7)(b)(5) to account for the addition of new subsections (3) and (4). .M 6.03.14 Waiver of Submission Requirements. 3 -305 Rewrite entire section to read as follows: (1) The Permit Authority may waive any part but not all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. In cases in which the develol2ment or activity must also comp y with PUL) and/or ..0 ivision re ulations, the permit hear in re uire these re ulations should e e1 at the same time as the re Eminar at hearing. Such a waiver Lot submission requirements] may be granted, after due consi eration by the Permit Authority, upon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area; (2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in substantial compliance with the provisions o Section 6.01.24 of the Administrative Regulations adopted by this jurisdiction; (3) In the event the waiver request is denied, the a licant shall provide the re.EulreO additional in ormation on or before Eve a s rior to t e ate set or hear Enz 01 the a Ecation Etse If the a pp licant ai s to r ovE e suc in ormation, the Permit Authority way En Its discretion vacate the public hearing on the application itself and require complete reapplication or may continue the hearing in accordance with Section 6-01- dM 6.03.15 Approval of Permit Applications. 3- 306(1) Change subsection (1) to read as follows: (1) A permit application for site selection and construction of a major new domestic water or sewage treatment system shall be approved, with reasonable conditions, if an in the discretion or the Permit Aut orit i the proposed development complies with the following criteria: Delete subsection (1)(1) (leapfrog development), and subsection (1)(o) (natural hazards). Amend subsection (1)(t) to read as follows: The development site of a major new domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, roc sli es or other isasters which could cause a system operational breakdown. Reletter subsections (1)(1) through (t) to account for the deletion of the two subsections above. 6.04.03(2) Definitions. 4- 103(2) Change definition of "major extension of an existing domestic water system" in subsection (1) to read as follows: "Major extension of an existing domestic water treatement s stem means the ex ansion of existin domestic water treatment capac ty for storage; or (2) an extension of existing water supply systems to service an a&Htional development density of i tP 0 or more resi entia wel ing units or cne equivalent thereof in other uses. M 6.04.03(3) Definitions. 4- 103(3) Add subsection (3) as follows: (3) "Major extension of an existing sewage treatment s stem means an modification of existin sewa e treatment ant to increase by rau is capacity or upgra e treatment capability or any extension of existing main collector sewer lines or an Increase in ca ac it o existin main sewer Ines or an extensions to serve a tot eve o ment ensity o i ty 5 or more we ing units or the equivalent thereof in other uses. 6.04.05(2) Applicability. 4- 105(2) Add new subsection (2) as follows: A permit under these regulations shall be required prior to or in conjunction with subdivision, PUD or reliminar Ian approva , but in ever case must be obtained prior Cu commencement of construction of the project. 6.04.12 Application for Permit. 4 -303 Change subsection (1) as follows: in first sentence, change phrase "on the appropriate form prescribed by the Colorado Land Use Commission" to "on the appropriate form prescribed by these regulations at Exhibit 611 . Delete last sentence in subparagraph (1) which reads "If the site location is approved by the Permit Authority, the same form may be submitted for action by the Colorado Water Quality Control Commission." 6.04.13(5) Submission Requirements. 4- 304(5) At subsection (5)(g) after the phrase "detail the source and rights ", delete the remainder of the paragraph, which reads "and quality of existing water supply which shall include a mom 6.04.13(7)(a) 4- 304(7)(a) 6.04.13(7)(b) 4- 304(7)(b) 6.04.13(7)(b) 4- 304(7)(b) detailed statement of the proposed project's impact upon the total dissolved solids and hardness of the Eagle River measured at Dowd Junction and Dotsero and of the Colorado River and the Roaring Fork River measured at the Garfield -Eagle County line, respectively," and replace with the following: "for the water su lies for the system, inclu in an ermits or ecrees for such ri hts, or the aPP13ration su mitte or c an e of water ri hts, a ro riation o water or augmentation p ans. Environmental Impact Analysis. (7)(a) Land use. Delete subsection (7)(a)(10), which reads "specify if excess service capabilities created by the proposed development will generate sprawl or strip development." Replace deleted subsection (7)(a)(10) with the following: (7)(a)(10) Describe the pr system may be signi icantl earth wakes, floods, fires avalanches, rocks ides or measure taken to reduce th events upon the system. (7)(b) water Resources. obability that the y affecte3�— snowslides, tan sli es and any e impact of such Delete last sentence of subsection (1) which reads "describe the potential effects of the proposed project on the above - detailed water feature including the effects on present water quality and current uses." Add a new subsection (7)(b)(3) as follows: Describe otential effects of the ro osed eyelopment on eutrophication wasteloa allocations and water SualltY of the -Eagle River and any existing or propose reservoirs in the County. ME 6.04.13(7)(b) Water Resources. 4- 304(7)(b) Add new subsection (7)(b)(4) as follows: (4) Describe the DOtential effects of the proposed 2roject on the above -detai ed water eatures, inclu in the effects on resent water Udlluy and current uses. Include a detailed statement of the ro ose ro'ect s im act u on the total dissolve solids and har ness o the Ea 1e River measure at Dowd Junction an Dotsero and of the Colora o River and the Roaring Fork River measured at the Garfield -Eagle Count line, respectively 6.04.13(7)(b) Water Resources. 4- 304(7)(b) At subparagraph (7)(b)(iv)(3)(D), "calculated change effort on the average salinity in Lake Powell after the project" to "calculated effect on average salinity in Lake Powell air the project." 6.04.13(7)(b) Renumber Sections 6.04.13(7)(b)(3) through 6.04.13(7)(b)(5) to account for the addition of new subsections (3) and (4). 6.04.14 4 -305 Waiver of Submission Requirements. Rewrite entire section to read as follows: (1) The Permit Authorit ma waive an art but not all of the su mission requirements imposed by this regulation upon petition of the a2plicariu that lull compliance with the submission re uirements would be unreasona burdensome or the a licant an that the proposed development wit have an insubstantial im act on the surrounding area. In cases in which the devel­oDient or activity must also comply with PUD and or subdivision re ulations, the permit hearin required y t ese regu ations should e hel at the same time as the re imi ri lat heang. Such a waiver of submission requirements] may be grant- after due -11- i 1 � consideration by the Permit Authority, upon: a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area; (2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in substantial compliance with the provisions o Section 6.01.24 of the Administrative Regulations adopted by this jurisdiction; (3) In the event the waiver request is dense , the applicant shall provi e the re-ulred additional information on or before Eve 5 a s rior to the ate set for nearing of the a lication Etsel . I the applicant tails to provide such in ormation the Permit Authority may, in its discretion, vacate the PUD11C hearing on the application itself and re uire com lete rea lication, or may continue the hearin .0 accor ance with Section 6. 5 4- 006(1) Approval of Permit Applications. Amend subsection (1) to read as follows: (1) A permit application for a major - extension of existing domestic water or sewage treatment system shall be approved, with reasonable conditions, if an , in the discretion o the Permit Authorit if the propose evelopment complies with the following criteria: Delete subsection (1)(1) (leapfrog development), and subsection (1)(o) (natural hazards). Amend subsection (1)(t) to read as follows: -12- The development site of a major new domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides avalanches, rockslides or other disasters which could cause a system operational breakdown. Reletter subsections (1)(1) through (t) to account for the deletion of the two subsections above. 6.05.05(2) Applicability. 5- 105(2) Delete existing subsection (2) and replace with the following: (2) A permit under these regulations shall be required prior to or in conjunction with subdivision, PUD or reliminar plan — a royal, Out in every case must be -obtained prior to commencement o construction of the pro JeCt. 6.05.12 Application for Permit. 5 -303 Change subsection (1) as follows: in first sentence, change phrase "on appropriate form prescribed by the Colorado Land Use Commission" to "on the appropriate form prescribed by these regulations, at Exhibit 6 ". - 6.05.13 Add a new subsection (20) as follows: 5 -304 Describe otential effects of the ro osed evelopment on eutrophication wa steloa allocations and water quality of the Ea le River an any existing or proposed reservoirs in the Gount . 6.05.13 Water Resources. 5 -304 Add new subsection (21) as follows: (21) Describe the potential effects of the propose pro "ect on the a ove -de% ile water -13- �ti�vs t (1) The Permit Authority may waive any part but not all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. In cases in which the develo went or activity must also comply with PUD and/or subdivision re ulations, the perEit hearing required y these regulations should be held at the same time as the VLelluiinary plat hearing. Such a waiver Lot submission re uirements] may be grante after due consideration by the Permit Authority, upon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area; (2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in substantial -14- features, including the effects on present water quality and current uses Include a detailed statement of the ro osed roect's impact upon the total issolve soli s and hardness of the Eap, e River measured at Dowd Junction and aLlu of the Colorado River and the Roarin Fork River measured at the Gar ie -Eag e COUrity iine, respectively. 6.05.13(16) Water Resources. 5- 304(16) At subparagraph (16)(3)(D), change "calculated effort on the average salinity in Lake Powell after the project" to "calculated effect on average salinity in Lake Powell after the project." 6.05.14 5 -305 Waiver of Submission Requirements. Rewrite entire section to read as follows: (1) The Permit Authority may waive any part but not all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. In cases in which the develo went or activity must also comply with PUD and/or subdivision re ulations, the perEit hearing required y these regulations should be held at the same time as the VLelluiinary plat hearing. Such a waiver Lot submission re uirements] may be grante after due consideration by the Permit Authority, upon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area; (2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in substantial -14- compliance with the provisions of Section 6.01.24 of the Administrative Regulations adopted by this jurisdiction; (3) In the _event the waiver request is denied, the a 1lcant shall rovide the r-equired aGaitional information on or efore five (5) da s rior to the date set for nearing of the a ication itse I the applicant tails to provide such information, the Permit Authorit ma in its iscretion vacate the u is earin on the a lication itself an re uire com ete reapplication, or may continue the earinQ in accordance with Section �7i.0� 6.05.15 Approval of Permit Application. 5 -306 Amend subsection (1) to read as follows: A permit application for development of a municipal or industrial water project shall be approved, with reasonable conditions if any, in the discretion of the Permit Authority, it the propose evelopment complies with the following criteria: -15-