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HomeMy WebLinkAboutR05-037 Amending the Land Use Regulations - Matters of State Interest File No. LUR-0053 Commissioner~ moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005- -?:''J 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 Eagle COllnty File No. LUR-0053 WHEREAS, the Bollrd of County Commis8ioners of Eagle, State of Colorado (hcreinafterthe"Board"),islluthodzed,pur8uanttoStateenablinglegislationincluding,butnot limited 10, CRS. 24-65.1-101 et~, and C.RS, 30-28-101, etM., to plan for and regulate the use and development to land in the unincorporaled territory of the Count yofEagle, State of Colorado, for the purpose of promoting thehealth,safety, convenien ce, order, prosperity, and we]fare of the present and future inhabitants of the County of Eagle; and WHEREAS, pursuant to such authority, the Board has adopted wning, subdivision, and buildingregu!ations,whichregulationshavebeenincorporatedlntooneeomprehensive document entitled "Eagle County Land Use Regulations" (hereinaner the "E.CLU.R."), pursuant to Resolution No. 82-26, and as subsequently amended; and WHEREAS, C.RS. 30-28-]16, and Section 5-230 of the E.CLU.R, respectively, provide that, from time to time, the Board may amend the number, shape, boundaries, or area of any district, or llllY regulation of or within such district, or any oth er provi8ions of the County's Z,oningReso]ution;and WHEREAS, CR.S. 30-28-133, and Section 5.230 of the E.C.L.UR, provide for the adoption and amendment of regulations and subdivision regnlations by the Board; and WHEREAS, on or about January 25, 2005 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 erder to incorporate revisions pertaining to Eagle County Guidellnes and Regulations for Matters of State Interest. Such proposed amendments were referred to both the Eag]e County Planning Commission and the Roaring Fork Valley Regional Planning Commission for their review and comment; and WHEREAS, thc Eagle County Planning Commission reviewed the proposed amendments on March 2, 2005, and certified their comments and recommendations with respect thereto to the Board; and , WHEREAS, the Roaring Fork Valley Regional Planning Commission reviewed the proposed amendments on March 3, 2005, llllli certified their comments and recommendations with respect thereto to the Board; and WHEREAS, after public notice was given pursuant to law, the Board held a public hearing to consider comments on such proposed amendments on March 15,2005, 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 ofthe 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 ofthe Planning Commission and comments from all interested parties, the &lard hereby detennines that the proposed amendments to Articles Two and Three of Chapter Two, and Chapter Six of theE.C,L.U,R., are necessary and proper for the protection of the public he alth,safety,we1fare and best interellt 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 incorporaled herein by this reference, THAT, this amendment of Articles Two and Three of Chapter Two, llllli Chapter Six of theE.C.L.U.R.shallnotconslitutenorbeconSlruedasawaiverofanyviolationsexisting at the lime of adoption of this ResolutiolL 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. l1IAT, should any section, clause, provision, sentence or word of this Resoluti on, including the attached Exhibit 'A',bedeclaredbyaCourl OfC<:ltllpetentjurisdiction tobeinvaJid, such decision shall not affect the validity of this Resolution as a whole or any parts t hereof,other than the part so declared to be invalid. For this pwpose, this Resolution is declared 10 be severable. THAT, except as expressly altered, modified and changed in this Amendment, all terms 2 and provisions of the Eagle County Land Use Regulations shall remain in full force and effect, and bereby are ratified andconfinned in a!1 respects as of the date hereof. THAT, this Resolution is necessary for the public bealth, safety, and welfare oftbe inhabitants ofthe County of Eagle, State of Colorado. MOVED, READ AND ADOPTED hythe Board of County Commissioners of the County of Eagle, State of Colorado, at its reguiarmeeting held the 29th day ofMarcb, 2005, nuncpro tunc to the ISthdayofMarch, 2005. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS c:::;:,:::r . BY:~'~):Yl . . 'w Teak J. Simonton Clerk to the Board of CountyCommissionern B~ Commissioner (6~'Y~ seconded adoption oftbe foregoing Resolution. The roll havingbeencalled,tb ote was as follows: Commissioner AmM. MenC(l~d' Commissioner Peter F. Runyon tf!- Commissioner Tom C. Stone 1\-. , ARTICLE 2 DEJltNITIONS SECTION 2.110 DEFINITIONS MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER TREATMENT SYSTEM mcans (I) the expansion of existing domestic water treatment capacityorstol'age; or(2) aJIY eJCtensionofexistingwatersupplyS)'li1etns to service anadditionaJ developntent density often (lO) or more residenual dwelling units or the equivalent the:reofin otber 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 concctor sewer lines or any increase in capacity of existing main sewer lines or any extensions to serve a total development density of ten (10) ormoredwelling units or the equivalent thereofinotberuses. MAJOR NEW DOMESTIC WATER SYSTEM means anew water supplYaystem or water treatment plant ifsuch synem or plant is designed to senre 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 anew wastewater treatment plant, group of wastewater- systems or collec,:tor system designed to treat the wastewater generated by ten (10) or more residential dwelling units or the equivalent thereof in olheruses.(SeeWaterandSewerProjcets.) MUNICIPALAND JNDUSTRIAL WATER PROJECTS means systems and all related components that provide water ormayprovide water-in the future either directlyor by exchange formuniCiJ;!a1andinduatrialusea;pl'Ovided,bowever,-sysletnsandrelatedcomponenta"fora snowmakingprojcet are limited to (i) thoaetbrough which water is diverted and/or stored for snowmaking. and (ii) pemtal!cnt distribution systems and components that lUe 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 forpublic consurnption or fire protection. ' WATER AND SEWER PROJEers. The Site Selection and Couslruction of Major New Domestic Water and Wastewater Treatment Systems, Major Extensions of Existing Domestic Water and Wastewater Treatment Systems, and Efficient Utilization ofMunicipai and Industrial Water Projects, including any propo!ed land development directly related to !uch Project ifsuch development is to be located wholly or Partially within this County and if such development speciticallygenerates the need for the Project. @ ARTICLE 3 ZONE DISTRICTS-EAGLE COUNTY SECTION 3-310 REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL, AGRICULTURAL AND RESOURCE USES 1. WATER AND SEWER PROJECTS I. WATER AND SEWER PROJECTS shall comply with the following standards: a, Abstract. The applicant shall submit an abstract of the proposal indicating the sC{)Jle and need for the facility. b. State Review. Preliminlll)'review and comment on theproposai by the appropriate agency oflbe Colorado Department of Natural Resources and the Colorado Department of Health shall be provided within sixty (60) days of submission of the application to lbeCounty. c, Alternatives. Alternatives to the proposed facilityshal1 beevalllllted, including but not limited to a1teffilltive locations and the no development alternative. d. Demographic Data. Any demographic data needed to fulfil1 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 Provisloa. The Special Review Use permit application for WATERAND SEWER PROJEers maybe 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 Chapter6,sectionsonethough 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 ofa special use pennit application. b. Compliance with the Special Review Use permit requirements would be unreasonably burdensome for the applicant. Such a waiver may be granted upon a determination by the Board ofCoUllty 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. (jJ EAGLE COUNTY GUIDELINES AND REGULATIONS FOR MATTERS OF STATE INTEREST (c;) TABLE OF CONTENTS !'illl!l 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 Conlent 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 Additiona! 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 , (je) 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 andlndustrialWaterProjecls 31 6.04.03 Additional Criteria Applicable to Major New Domestic Water and Wastewater Treatment Systems and Major Extensions of Existing Domeslic Water and Wastewater Treatment Systems 32 6.04.04 Financial Guarantee Required 32 6.04.05 Amount of Guarantee 33 6.04.06 Estimate 3. 6.04.07 Form of Guarantee 34 6,04.08 Release of Guarantee 3' 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 (j!) Chapter 6 GUIDELINES AND REGULATIONS FOR MAnERS 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 Stale Interest" 6.01.02 Purpose and Flndlnas. (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 sag., C.R.S. (2) The specific purposes of these Regulations are: (,) 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, 10 protect and enhance wildlife habitat, air and water quality, and 10 conserve natural resources. (0) To ensure that new development will pay for itseif to the maximum extent practicable, and to ensure thai 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 slate interest 10 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: {13' , -Y ('I 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. {o} These Regulations were adopted after taking into consideration applicable guidelines adopted and issued by the Colorado Land Use Commission. 6.01.03 Authority, These Regulations are authorized by, inter alia, Section 24-65.1-101,.ro gm,.; Section 30-28-101, at sea.; Section 30-28-201, at sea.; Section 29- 20-101, at 56<1.; and Section 24-32-111, C.R.S. 6.01.04 Applicabllitv. 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 Reguiations 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 industrialwalerprojects. 6.01.05 lntel1>>'8tation 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 pian of Eagle County, the enactment imposing the more restrictive standards or requirements shall control. {2} If these Regulations are found to be less stringent U1an the statutory criteria for administration of matters of state interest set forth in Section 24-65.1-202, C.R.S., the stalulory criteria shail controL , (/3) \..." (3) If lhese Regulations are found 10 be mora stringent than the statutory criteria for administration of matters of state interest sel forth in Sections 24-85.1-202 and 24.94.1 204, C.R.S., these Regulations shall control pursuant 10 the authorfty 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 10 comply with these Regulations. 6.01.06 Duties of the Board of County Commissioners. Unless otherwise specifically provided, ;t shall be the duty of the Board of County Commissioners to perform all functions set forth in these Regulations. 6.01.07 Permit Authoritv Established. (1) The Board shall seNe as the Permit Authority. (2) The Pannit Authority shall exercise all powers and duties granled ft by these Regulations. 6.01.08 Severabilltv. If any section, clause, provision, or portion of thesa 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 Ihereby 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 shaJl have the meanings set forth below unless the context requires othelWise: (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 RecharQe Area. Any area where surface waters may , rid) '---"" 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 Pennit Authority) (6) Collector or collection sYStem, A network of pipes and condulls through which sewage flows to a sewage treatment plant. (7) County. Eagle County, Colorado, (8) DesiQnation. That legal procedure specffied 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 sewaae treatment sYStem, A wastewater treatment plant, water treatment plant, water supply system, and any system of pipes, structures, and faciiities 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 supplv system means the system of pipes, structures, distribution systems and facilities through which a water , Ii,) , . 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. (e) Water treatment Dlanl 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 seNices 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 existina domestic wastewater treatment sYStem. Any modification of an existing sewage treatment piant 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 seNe a total development density of ten (10) or more dwelling units or the equivalent thereof in other uses. (20) Maior extension of existina domestic water treatment sYstem. (1) The expansion of existing domestic water treatment capacity or storage; or (2) any extension of existing water supply systems to seNice an additional development density of ten (10) or more residential dwelling units (SFE) orthe equivalent thereof in other uses. (ft\ , ~J (21) Maior new domesticwastewatertrealmentsystem, 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 (SFE) orthe equivalent thereof in other uses. (See Water and Sewer Projects.) (22) Maior new domestic water sYStem. A new 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 Chanae. Any change in the Project as approved by the Permit AuthorilY which Significantly changes the nature of impacts considered by the Permit Authority in approval of the original Permit as determined by the Director. (24) Mitioation. 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 biologicai or physical conditions, services or facilities. (25) Municipal and industrial water oroiects. 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 Authoritv. The Board of County Commissioners, or its designee. (27) Person. Any individual, partnership, corporation, limited liability company, association, company or other pubiic or corporate body, including the federal government, and any political subdivision, agency, instrumentality, or corporation of the State or the United States government. (28) Proiect. The proposed development for which a Permit is sought under these Regulations. (29) Reoulatlons. These regulations for matters of state interest and guidelines as the terms are used In Section 24-65.1-101, et seo., . (11) CR.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 orthe generation of an average of 300 gallons of sewage per day (synonymous with EQR). (31) Sionlficant. DeseNing to be considered; important; notable and not trifling. (32) Water and Sewer Proiects. 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. , (jiJ L. 6.02 DESIGNATION OF MATTER OF 5T ATE 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: III Site selection and construction of major new water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems. 121 Efficient utilization of municipal and industrial water projects. 6.02.02 Desianatlon Proposals. Designations and amendments or revocations of designations of areas or activities of state interest may be initiated in two ways: I'l The Board of County Commissioners may propose a designation. 121 The Colorado Land Use Commission may submit a formal request to the Soard 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 activltydescribed in the proposal until the Board has held a hearing and issued an order relating thereto. 6.02.04 Public Hearlna Reauired. III 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 shail be published not less than thirty (30) days nor more than sixty (60) days prior to the hearing. 121 if the Colorado land Use Commission submits a formal request for designation of a matter of state interest, a public hearing to (/91 8 \..--,j consider the request shall be held within ninety (90) days after receipt of the formal request. 6.02.05 Content of Notice of Public Hearina. 111 The Board of County Commissioners shall prepare a notice of the designation hearing, which shall include: 1'1 The time and place of the hearing. I') The place at which materials relating to the matter to be designated and any guidellnes and regulaUons for the administration thereof may be examined. lei The telephone number or e-mail address where inquiries may be answered. Idl 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 Hearlnas. 111 At the designation hearing, the Board of County Commissioners shall consider such evidence as may appear appropriate including, atamlnimum: (,) The intensity of current and foreseeable development pressures. 1'1 Model regulations issued by the Colorado Land Use Commission. 121 The Board of County Commissioners shall hear testimony and receive evidence and shall include in any designation: 1'1 The boundaries of the proposed area. 1'1 Reasons why the particular area or acUvity 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 Desianation Proceedina. 111 The Board of County Commissioners will collect and preseNe the following record of the public hearing, at a minimum: 1'1 Notice of the hearing. Ibl Certificate of publication of the notice. 1'1 Names and addresses of persons who presented written or oral statements. Idl Evidence of the identification of the matter of state interest proposed to be designated. 1'1 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 Desianation and Reaulations. (1) Within thirty (3D) 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 sell., C.R.S., is rejected, the Board of County Commissioners may at its discretion regulate the matter under any other available land use controi authority or it may reject the regulation of the matter entirely. 121 Such action shall be taken by resolution. 131 Wheneverlhe Board of County Commissioners finallydeterrnines 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: 1'1 Specify the boundaries of the designated area orthe boundary of the area in which an activity of state interest has been designated. '-, " 0-1) ~ Ibl State reasons why the particular area or activity is of state interest, the dangers thai 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. (0) 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 (3D) 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: 111 Modify ''''' original order ;0 , manner consistent with 'h, recommendations of the Coiorado Land Use Commission and resubmit the order to the Colorado land Use Commission, or 121 Notify the Colorado Land Use Commission thai the Colorado Land Use Commission's recommendations are rejected. 6.02.10 Recordina the Notice of Deslanation. A notice of the designation shan 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 Deslanatlon - 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 shaH 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 exclusiveiy under Section 24-65.1-101, et sea., C.R.S_ shall not " 6)) - apply to any development in an area of state interest or any activity of state interest which meets anyone of the following conditions: 111 As of May 17, 1974: 1'1 The development or activity was covered by a current building permit issued by the County of Eagle; or 1'1 The development or activity was approved by the electorate of the Stale 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 activFty; or 1'1 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 deveiopment; 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. 121 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. 131 Exempt Water and Sewer Projects: A Water and Sewer Project is exempt from these Regulations if it falls into one of the followlng categories: 1'1 The day to day operations of an existing Water and Sewer Project, or a minor change in the operation of an existing Water oed Sewer Project, including retrofitting DC upgrading technology, so long as the change in operation does not constitute a material change and does not cause negative impacts different from lhose of the existing Water and Sewer Project or otherwise exacerbate existing impacts. 1'1 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. " fJ,p '-C 6.03 APPLICATION AND REVIEW PROCEDURES 6.03.01 Permit or FlndlnQ of No Sianificant Impact {FONSI} Reaulred After Deslanation. (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 othelWise exempt. without first Obtaining a Finding of No Significant Impact (FONSI) or a Permit under these Regulations. 121 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. (11 Before submitting an application for a Permit under these Regulations. the applicant shall meet with the Director. 121 At or before the pre-application meeting, the applicant shall provide the Director with: 1'1 A written summary of the Project including: (i) The applicant's name, address and phone number. (il) Map prepared at an easiiy readable scale showing: ,. Boundary of the proposed activity. b. Relationship of the proposed activity to surrounding topographic and cultural features such as roads, streams and existing structures. o. 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. 131 Within ten (10) days of the pre.applicatlon meeting, the Director shall establish an estimate in an amount necessary to cover costs of determining whether a Finding of No Significant Impact (FONSI) r;J) u l_./ 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 sufficient information is provided by the applicant after the pre-application meeting. 111 Findina of No Sianificant imoact (FONSil. 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). 121 Permit Reauired. 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 FONSL I'} Upon the Director's 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 bye-mail or memorandum. Ibl 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). 141 Reconsideration of Director's Determination of a FONSL 1'1 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 reconsideration shaU be made at " (~~ \._-- the next regularly scheduled meeting of the Board for which proper notice can be accomplished. Ibl 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 ADDlication Fee. (11 Ifpursuantto 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, pubiications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it on the application package. 121 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. 131 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. 141 The Permit Authority may in its sole discretion waive ail or a portion of the fees"" 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 ADDlication Procedure. If pursuant to section 6.03.03 a Permit is required, then the following permit application procedure shall apply: (11 FollOwing the pre-application meeting described in section 6.03.02 /.-". " (cC) and/or the Director's Determination under section 6.03.03, the applicant shall submit application materiais to the Director. The application submittal requirements are described in section 6.03.06. (21 An application will not be considered uniess it is complete. If the Director determines that the application is incomplete, the Director shallspec!fy 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 Directorshall note on the application the date the application is determined to be complete. 131 The Director shaU 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. 141 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 locai, stale or federal agency that may have expertise or an interest in impacts that may be associated with the Project. 151 Not later than thirty (30) days after receipt of a compiete application for a Permit, the Permit Authority shall set and publish a notice of the date, lime 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. 161 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. Th, Director shali 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 Reauirements. The Director may waive one or more of the submittal requirements when the submittal information would not be relevant to whether the Project " Ii;) 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. (11 Information describing the applicant. 1'1 The names, addresses, including email address and fax number, organizational form, and business of the applicant and, if different, the owner of the Project Ibl 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 wJII be responsible for constructing and operating the Project. 101 Authorization of the application paCkage by the Project owner, If different than the applicant. Idl Documentation of the applicant's financial and technical capabiiity to develop and operate the Project, inCluding a description of the applicant's experience developing and operatingsirnilarprojects. 1'1 Wrftten qualifications of report preparers. 121 Information describing the Project. 1.1 Plans and specifications of the Project in sufficient detail to evaluate the application against the Permit Application Approval Criteria in Section 6.04. Ibl Descriptions of alternatives to the Project considered by the applicant. 101 Schedules for deSigning, permitting, constructing and operating the Project, including the estimated life of the Project. (dl The need forthe Project, inciuding a discussion of aiternatives to !h, Project that w,'" considered ,"d 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. 1'1 Description of all conseNaUon techniques to be used in the construction and operation of the Project. n 8)) If) list of Adjacent property owners and their mailing addresses. 131 Property rights, other permits and approvals. 1'1 A list of aU other federal, state and local permits and approvals that will be required for the Project, together with any proposal for coordinating these approvais with the County permitting process. Copies of any permits or approvals that have been granted. Ibl Copies of all official federal and state consultation correspondence prepared for the Project; a description of aU mitigation required by federal, state and local authorities; and copies of any draft or final environmental assessments or impact statements required for the Project. 101 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. Idl Description of property rights that are necessary for or that will be affected by the Project. 141 Description of the technical and financial feasibility of the Project. 1'1 The estimated construction costs and periOd of construction for each development component and the total mrtigation costs for the Project. Ibl Revenues and operating expenses for the Project. (0) The amount of any proposed deb! and the method and estimated cost of debt seNice. Idl Details of any contract or agreement for revenues or seNices in connection with the Project. lei Description of the persons orentity(ies) who will pay for or use '" ;j.q) ,- . the Project and/or services produced by the development and those who will benefit from any and all revenues generated by it. (51 Socioeconomic impacts A comprehensive socioeconomic impact analysis that addresses the manner in which the applicant will compiy 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: 1'1 Land Use (i) Description of existing iand 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. Ibl Local Government SeNices (i) Description of existing capacity of and demand for local government seNices including but not limited to roads, schools, water and wastewater treatment, water supply, emergency seNices, 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 seNices. 101 Housing (i) Description of existing seasonal and permanent housing including number, condition and oostof dwelling units. (ii) Descliption of the impact and net effect of the Project on housing during construction and operation stages /-'\ " (?~ of the Project. Idl 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. 1'1 Local Economy (i) Description of the local economy including but not iimited to revenues generated by the different economic sectors, and the value or productivity of different lands. (ill Description of impacts and net effect of the Project on the local economy and opportunities for economic diversification. 1'1 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 recreationai opportunities and revenues to the local economy derived from those uses. (9) Areas of Paleontological, Historic or Archaeological Importance (I) Map and/or description of all sites of paleontological, historic or archaeological interest. /, (311 " ~)/ (il) Description of the impacts and net effect of the Project on sites of paleontological, historic or archaeological interest. Ihl Nuisance Descriptions of noise, glare, dust, fumes, vibration, and odor levels caused by the Project. 161 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 Appiication Approval Criteria in sections 6.04.01, 6.04.02 and 6.04.03. 1'1 Air Quality 0) Description of the airsheds to be affected by the Project, including the seasonal pattem of air circulation and microclimates. (ii) Map and/or description of the ambient air quality and state air quality standards of the airsheds 1:0 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. Ibl Visual Quality (i) Mapandfordescription of ground cover and vegetation, forest canopies, waterfalls and streams or othernaturaifeatures. (ii) Description of viewsheds, scenic vistas, unique landscapes or land formations. " 6) '----,/ (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. (0) Surface Water Quality (i) Map and/or description of an surface waters to be affected by the Project, including: ,. Description of provisions of the applJcable 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 quantilyandqualityofsurfacewaterunderboth average and worst case corulitions. Idl Groundwater Quality (i) Map and/or description of all groundwater, inciuding any aquifers. At a minimum, the description should include: ,. Seasonal water levels in each subdivision of the aquifer affected by the Project. b. Artesian pressureJn aquJfers. o. Groundwater now directions and levels. d. Existing aquifer recharge rates and methodology used to calculate recharge to the aquifer from any recharge sources. , 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 impound groundwater and aquifer storage " K')) \:::.'?->" 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. 1'1 Water Quantity (i) Map and/or description of existing stream flows and reseNoirlevels. (Ii) Map and/or description of existing Colorado Water ConseNation 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. ID 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 (Le.. 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. IgI Terrestrial and Aquatic Animals and Habitat " ~1) (i) Map and/or description of terrestrial and aquatic animals inciuding 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 ofthe 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 piant 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 such substances, their location, and the practices and " 60 procedures to be implemented to avoid accidental release and exposure. Ibl Location of storage areas designated for equipment, fuel, lubricants, and chemical and waste storage with an explanation of spill containment structures. 181 Monitoring and Mitigation Plan. 1'1 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. Ib) Description of methodology used to measure impacts of the Project and effectiveness of proposed mitigation measures. 1'1 Description, location and inteNals of proposed monitoring to ensure that mitigation wiU be effective. 191 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 addilionalintormalion. 6.03.07 Additional Submittal Reaulrements ADDlicable to Municipal and Industrial Water Projects. 111 Description of efficient water use, recycling and reuse technology the Project intends to use. 121 Map and description of other municipai and industrial water projects in the vicinity of the Project, including their capecity and existing seNice levels, location of intake and discharge points, seNice fees and rates, debt structure and seNice plan boundaries and reasons for and against hooking on to those facilities. 131 Description of demands that this Project expects to meet and basis for projections of that demand. /...... . \ " ClisJ 6.03.08 Additional ~ubmittal Reauirements Applicable to Maior New Domestic Water and Wastewater Treatment Systems and Malor Extensions of Existina Domestic Water and Wastewater Treatment SYStems. 1'1 Description of existing domestic water and wastewater treatment facilities in the vicinity of the Project. including their capacity and existing seNice levels, location of intake and discharge points, seNice fees and rates, debt structure and seNice plan boundaries, and reasons for and against hooking on to those facilities. 121 Description of how the Project will affect urban development, urban densities, and site layout and design of stormwater and sanitation systems. 131 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 Hearina. 111 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. 121 The Permit Authority shall hear relevant testimony and receive relevant evidence and may impose reasonable time limits on presenters and witnesses. 131 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. 141 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 bv the Permit Authoritv. (1) If information presented at the hearing leads the Permit Authority to find that additional information is necessary for it to determine whether , " (31) l::" the Permit Application Approval Criteria in Section 6.04 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 itmaydenythePermil. 121 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. 131 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 byimpacts caused by the Project. 141 The hearing record shall include the following: 1'1 The application package. Ibl Written statements or documents in supportof or in opposition to the permit application. 1'1 Any recording and transcript of the hearing. Idl Written minutes of the Permit Authority hearing. 1'1 The resolution of the Permit Authority granting or denying the permit application. 151 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 111 The Permit shall be issued in writing by the Board. {21 The Permit may be issued for an indefinite period or for a term of years, depending upon the nature of the Project. " (5J) 131 The Permit is valid only for the construction and operation of the Project described in the application package together with the conditions of approval, if any, imposed by the Permit Authority. 141 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. 6,03,12 Permit Amendment. 1'1 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. 121 A permit amendment will be subject to the following requirements and procedures: 1'1 Permit Application Submittal Requirements. (i) A copy of the current Permit and reasons for amendment (il) As-built drawings of the Project, if available. (iU) Drawings and plans of proposed changes to the Project. (iv) Additional or changed mitigation plans. 1'1 Statement of need for amendment. (vi) Site Plan. (vii) Viclnltymap. (viii) Written report of how amendment satisfies the criteria in sections 6.04.01, 6.04.02 and 6.04.03. Ib} 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. " (50 ,". (iii) Subsequent to the meeting, the Directorshall 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 Directordeems that the modified projectwouid not satisfy applicable criteria, without additional conditions the proposed modification shall require a new Permit. 1'1 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 DesiQnation and Permit Hearing. 111 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. " ~~) 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 deveiopment 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 anyone 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 shOtlld be imposed, the Permit Authority may utilize the considerations in Appendix "A: 1'1 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 appiication untii outstanding property rights, permits and approvals are obtained. (21 The Project wiil not impair property rights held by others. 131 The Project Is consistent with relevant provisions of applicable land use and water quality plans. (41 The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. (51 The Project is technically and financially feasible. 161 The Project is not subject to significant risk from natural hazards. 17) The Project will not have a significant adverse effect on land use patterns. 181 The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide seNices, or exceed the capacity of service delivery systems. 19} The Project will not create an undue financial burden on existing or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy, (11) The Project will not have a significant adverse effect on the quality /'" " (>1:,) or quantity of recreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principals of resource conseNation, energy efficiency and recycling or reuse. (13) The Project wili not significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. (15) The Project will not significantly degrade surface water quaiity. (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 unreasonabie risk of releases of hazardous materials. (24) The benefits accruing to the COtinty 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 Munlcical and Industrial Water Prolects. In addflion to the general criteria set forth in section 6.04.01, the following additional crileria apply to municipal and industriaiwaterprojects: 1'1 The Project shall emphasize the most efficient use of water, including the recycling, reuse and conseNation of water. " Cct~ 121 The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. 131 The Project shall be necessary to meet oommunlty deveiopment and population demands in the areas to be seNed by the Project. 141 Urban development, population densities, and site layout and design of storm water ancl sanitation systems shall be accomplished in a manner that will prevent the pollution of aqUifer recharge areas. 6.04.03 Additional Criteria Annllcable to Malor New Domestic Water and Wastewater Treatment Systems and Maior Extensions of Existing Domestic Water and Wastewater Treatment SYStems. 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. 131 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. (41 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. 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: 111 Faithful performance of the requirements of the Permit and " 4,,) 'j applicabieregulations. 121 That the Project or activity is completed and, if applicable, that the development area is properly reclaimed. 131 That the applicant performs all mitigation requirements and Permit conditions in connection with the construction, operation and termination of the Project. 141 That increases in public facilities and services necessitated by the construction, operation and termination of the Project are borne by the permittee. 151 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 shaJi consider the following factors: 111 The estimated cost of completing the Project or activity and, if applicable, of returning the development area to its original condition orto a condition acceptable to the County. 121 The estimated cost of performing all mitigation requirements and Permit conditions in connection with the construction, operation, and termination of the Project, including: 1'1 The estimated cost of providing all public services necessitated by the Project until two (2) years after the Project ceases to operata; and Ibl The estimated cost of providing all pubiic facilities necessitated by the Project until all such costs are fully paid. " ~) 6.04.06 Estimate. 111 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. 121 Revisions to the estimate may be required based on information available to the County. 6.04,07 Form of Guarantee. 111 The guarantee may be in the form of cash. federally-insured certificates ot deposit, irrevocabie 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. 1'1 The financial guarantee may be released only when: 1'1 The Permit has been surrendered to the Permit Authority before commencement of any physical activity on the site of the permitted development or activity. Ibl 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 by the County for the matter of state interest for which the Permit is being granted. 101 The Project has been satisfactorily completed. Idl 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 /? " fJJt/ \ _/ ~ determined appropriate by the Board of County Commissioners. 1'1 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. 1'1 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. 121 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 aUeged violation. At the conclusion of the hearing, the Permit Authority shail either withdraw the notice of violation or enter an order forfeiting the financial guarantee. 131 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 permll holder, that portion of any moneys expended by the County from the escrow funds relating to such defauit shall be replaced in the escrow account by the Board immediately following such determination. The County may arrange with a iending institution, which provides money for the permit hoider, 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, " (~y C 141 If the forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the County's attorney 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 fallure 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. , " 1+1) 6.05 PERMIT ADMINISTRATION AND ENFORCEMENT 6.05.01 EnfOl'C9ment and Penalties. 111 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 Reguiations, 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 criminai or civilliabilily as may be prescribed by law. 121 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, 111 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 lime 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 " (*~ 'j 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 Reguiations; that such requirements, terms, and condfi:ions 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. ~9) '" (0.. APPENDIX "A" Following are consideraUons to help the applicant understand the types of things that the Permit Authority may consider on balam;e In determining whether a Project compiles with the Permit Application Approval Crl1erla in sect/Qns 6.04.01, 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 conslderat/Qns 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: 1'1 Amount of debt associated with the Project. Ibl Debt reliremef'lt schedule and sources of funding to retire the debt. (0) Estimated construction costs and construction schedule. Idl 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. 1'1 Faults and fissures. Ibl Unstable slopes including landslides, rock slides and avalanche areas. 101 Expansive or evaporative soils and risk of subsidence. Idl Wildfire hazard areas. Ie) 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 patterns may include but is not limited to the following considerations: 1'1 Whether the Project complies with and is consistent with applicable plans. Ibl likelihood that the Project will/will not cause or contribute to urban sprawl or "leapfrog" development. 101 Significant changes in the amount of impervious surfaces. / "'\ IS"; ! l..j , >c/ (d) ConUguity of development associated with the Project to existing growth centers. lei Changes to unique land forms. Iry Changes in the amount of character of open space. 191 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: 1'1 Existing and potential financial capability of local governments to accommodate development related to the Project. Ibl Current and projected capacity of roads, schools, infrastructure, housing, and other seNices necessary to accommodate development, and the impact of the Project upon the current and projected capacity. lei Changes caused by the Project in the cost of providing education, transportation networks, water treatment and wastewater treatment, emergency services, or other governmental seNices or facilities. Idl Changes in short or long term housing availability, location, cost or condition. lei Need for temporary roads to access the construction of the Project. Iry Change in demand for public transportation. 191 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: 1.1 Changes in assessed valuation. (b) Tax revenues and fees to iocal governments that will be generated by the Project. (el Changes in tax revenues caused by agricultural lands being removed from production. .n" / \ ii ! c:Y c:. 1'1 Changes in costs to water users to exercise their water rights. 1'1 Changes in costs of water treatment or wastewater treatment. (fl Effects on wastewater discharge permits. 191 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: 1'1 Changes to projected revenues generated from each economic sector. Ibl Changes in the value or productivity of any lands. Ie) 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: I') Changes to existing and projected visitor days. Ibl Changes to duration of kayaking and rafting seasons. lei Changes in quality and quantity of fisheries. 1'1 Changes in instream flows or reseNoir ievels. 1'1 Changes in access to recreational resources. ID Changes to quality and quantity of hiking trails. 191 Changes to the wilderness experience or other opportunity for solitude in the natural environment. (hi 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. 1'1 Changes to seasonal ambient air quality. /-" '" (,,)) ~. Ibl Changes in visibility and microclimates. 1'1 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: 1'1 Visual changes to ground cover and vegetation, waterfalls and streams, or other natural features. Ibl Interference with viewsheds and scenic vistas. 1'1 Changes in appearances of forest canopies. Idl Changes in landscape character types of unique land formations. Ie} 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: 1'1 Changes to existing water quality, including patterns of water circulation, temperature, conditions ofthe substrate, extent and persistence of suspended particulates and clarity, odor, color or taste of water. Ibl Applicable narrative and numeric water quality standards. 1'1 Changes in point and nonpoint source pollution loads. Idl Increase in erosion. (a) Changes in sediment loading to waterbodies. 1(1 Changes in stream channel or shoreline stability. 191 Changes in stormwater runoff flows. 1"1 Changes in trophic status or in eutrophication rates in lakes and reseNoirs. (I) Changes in the capacity or functioning of streams, lakes or reseNoirs. tiJ Changes in flushing flows. , (;,;"jj " , '/ L.. Ikl 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: lei Changes in aquifer recharge rates, groundwater levels and aquifer capacity including seepage losses through aquifer boundaries and at aquifer-stream interfaces. Ibl Changes in capacity and function of wells within the impact area. 101 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: lei Changes in the structure and function of wetlands and riparian areas. Ibl Changes to the filtering and pollutant uptake capaciUes of wetlands and riparian areas. (0) Changes to aerial extent of wetlands and riparian areas. Idl Changes in species' characteristics and diversity. lei Transition from wetland to upland species. 1'1 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 terrestriai or aquatic life may include but is not limited to the following considerations: {el Changes that result in loss of oxygen for aquatic life. Ibl Changes in fiushlng flows. (ol Changes in species composition or density. Id) Changes in number of threatened or endangered species, " ~c\) lei Cl'1anges 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. (fl 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. Ig) 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 terrestrial plant life or habitat may include but is not limited to the following considerations: 1'1 Changes to habitat of threatened or endangered plant spedes. Ibl Changes to the structure and function of vegetation, including species composition, diversity, biomass, and productivity. 101 Changes in advancement or succession of desirabie and less desirable species, including noxious weeds. Idl Changes in threatened or endangered species. 6.04.01(20) The Project will not significantly deteriorate solis 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: lei Changes to the topography, natural drainage patterns, soil morphology and productivity, soil erosion potential, and floodplains. (bl Changes to stream sedimentation, geomorphology, and channel stability. 101 Changes to lake and reseNoir bank stability and sedimentation, and safetyofexislingreseNoirs. Idl Changes to avalanche areas, mudflows and debris fans, and other unstable and potentially unstable slopes. lei Exacerbation of seismic concerns and subsidence. (6~ \.; . " 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: lei Increase in odors. Ibl Increase in dust 101 Increase in fumes, Idl Increase in glare. lei Increase in heat. (II Increase in noise. 191 Increase in vibration. Ihl Increase in artificial light. (i) Increase in traffic impacts. 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: lei Plans for compliance with federal and state handling, storage, disposal, and transportation requirements. Ibl Use of waste minimization techniques, 101 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: (el Whether the Project uses readily available conseNation techniques. Ibl Whether the Project recycles water to the greatest extent allowed by law. 6.04.02(2) The Project wlll not result in excess capacity In existing water or wastewater treatment services or create duplicate services. The fl;- ." l S:; j determination of whether the Project will result in excess capacity or create duplicate services may include but is not limited to the following considerations: 1'1 Whether the Project creates overlapping or competing seNice areas. Ib) Whether the Project differs significantly from the provider's facility plan, 101 Whether the Project impacts other water and wastewater permits. 6.04.02(3) The Project shall be necessary to meet community dewlopment 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: 1'1 Relationship to reasonable growth projections and local land use plans. (bl Relationship to other water and wastewater provider's seNlce 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 aquffer 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: 1'1 Proximity of urban development and population densities to aquifer recharge areas. Ibl Proximity of stormwater and sanitation systems to aquifer recharge areas. 101 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: 1'1 Relationship to reasonable growth projections and local land use plans. Ibl Relationship to other water and wastewater provider's seNice area. 101 Whether the Project is not in compliance with regulatory or technologicai 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 viii ~y consolidated with existing facllltles within the area. The determination of whether consolidation is feasible shall include but is not limited to the following considerations: (al Whether there is an opportunity for consolidation. Ibl The environmental, financial and sociai feasibility of consolidation. 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 shalt include but Is not limited to the following considerations: (a) Relationship to reasonable growth projections and local land use plans. Ibl 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: lal Relationship of the Project to approved land use plans for the area. Ibl The environmental, financial and social impacts related to such development. " ~V