These various sections, constituting Chapters 1 through 6, of Appendix A to Chapter 180 of Code of Ordinances of the Town of Frisco, are entitled and may be cited as the "Guidelines and Regulations for Activities of State Interest of the Town of Frisco," or "these Regulations." Chapter 1 of these Regulations may be cited as the "Administrative Regulations." References herein to various Chapters, Articles and Sections are to those within these Regulations and not to the Town of Frisco Unified Development Code ("UDC"), unless specifically so cited.

(Ord. No. 23-20, § 1, 12-12-23)

(1)

The purpose and intent of these Regulations is to identify, designate, and provide for the administration of matters of state interest consistent with the statutory requirements and criteria set forth in Section 24-65.1-101, et seq., C.R.S.

(2)

The Town Council of the Town of Frisco finds that:

(a)

The notice and public hearing requirements of Section 24-65.1-404, C.R.S. have been in the adoption of these Regulations;

(b)

These Regulations are necessary because of the intensity of current and foreseeable development pressures on and within the Town;

(c)

These Regulations are necessary for the preservation of the public health, safety and welfare;

(d)

These Regulations apply to the entire incorporated territory of the Town of Frisco, Colorado; and

(e)

These Regulations interpret and apply to any regulations adopted for specific areas of state interest and specific activities of state interest which have been or may be designated by the Town Council of the Town of Frisco.

(Ord. No. 23-20, § 1, 12-12-23)

The Regulations are authorized by, inter alia, the Town of Frisco Charter, Section 24-65.1101, et seq., C.R.S.; and Section 31-23-301, et seq., C.R.S.

(Ord. No. 23-20, § 1, 12-12-23)

These Administrative Regulations shall apply to all proceedings concerning the regulation of any development of an activity of state interest which has been or may hereafter be designated by the Town Council in accordance with law.

(Ord. No. 23-20, § 1, 12-12-23)

These Regulations shall not apply to any development of an activity of state interest if, on the effective date of these Regulations: January 5, 2024:

(1)

The specific development or activity is authorized by a valid building permit issued by the Town of Frisco;

(2)

The specific development or activity was directly approved by the electorate of the State or of the Town; provided that approval by the electorate of any bond issue or tax measure shall not, in and of itself be construed to be an approval of the specific development or activity;

(3)

The specific development or activity is to be on land which has been finally approved, with or without conditions, for planned unit development or for which a Site Development Plan has been approved by the Town prior to the effective date of these Regulations for the development or activity which would otherwise be subject to these Regulations;

(4)

The specific development or activity is to be on land which has been zoned by the Town expressly and specifically for a use by right for the use contemplated by the development or activity and a Site Development Plan has been approved for the specific development or activity which would otherwise be subject to these Regulations;

These Regulations shall not apply to day-to-day operations of an existing project or facility, or a minor change in the operation of an existing project or facility, including retrofitting or updating technology, so long as the change in operation does not constitute a material change and does not cause negative impacts different from that of the existing facility or project or otherwise exacerbate existing impacts. The determination of minor change, material change, and negative or exacerbating impacts shall be made by the Community Development Department Director.

These Regulations shall not apply to any use or structure otherwise lawfully existing on the date the activity is designated or subjected to these Regulations which use becomes nonconforming as a result of the adoption of these Regulations, provided, when such a nonconforming use shall be discontinued for one year or more or a nonconforming structure is damaged or destroyed to the extent of at least fifty (50) percent of the County Assessor's assessed value, any reuse, reconstruction, or replacement of such structure shall be deemed a new use and shall be subject to these Regulations. Additionally, expansion of a legal nonconforming use or structure shall require a Permit.

(Ord. No. 23-20, § 1, 12-12-23)

(1)

Whenever these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, or other enactment of the Town of Frisco, the enactment imposing the more restrictive standards or requirements shall control.

(2)

These Regulations are intended to be applied in addition to, and not in lieu of, all other regulations of the Town of Frisco, including without limitation, the Unified Development Code (Land Development Code) and the several building codes adopted by the Town, as amended from time to time.

(3)

In the event these Regulations are found to be less stringent than the statutory criteria for administration of matters of state interest set forth in Sections 24-65.1202 and 24-65.1-204, C.R.S., the statutory criteria shall control.

(4)

In the event these Regulations are found to be more stringent than the statutory criteria for administration of matters of state interest set forth in Sections 24-65.1202 and 24-65.1-204, C.R.S., these Regulations shall control pursuant to the authority of Section 24-65.1-402(3), C.R.S.

(5)

Permit requirements included in these Regulations shall be in addition to and in conformance with all applicable state and federal water quality and environmental laws, rules and regulations, including, but not limited to, the following, as amended from time to time.

(a)

Section 25-8-701, et seq., C.R.S., sewage treatment plant site approval;

(b)

5 C.C.R. § 10002-22 Regulation No. 22, Site Location and Design Approval Regulations for Domestic Wastewater Treatment Works;

(c)

Section 25-8-501, et seq., C.R.S., point source pollutant discharge Permits;

(d)

Section 208 (33 U.S.C. Section 1288) area-wide wastewater treatment management planning;

(e)

Section 303 (33 U.S.C. Section 1313) river basin water quality management planning;

(f)

Disposal of sewage sludge (33 U.S.C. Section 1345);

(g)

Section 32-1-201, C.R.S., Special District Control Act;

(h)

16 U.S.C. Section 661-666(c) (1970), the Fish and Wildlife Coordination Act;

(i)

Section 102(c) (42 U.S.C. Section 4321, et seq.) the National Environmental Policy Act; and

(j)

Section 404 of the Federal Clean Water Act.

(6)

Review or approval of a project by a federal or state or local agency does not obviate and shall not substitute for the need to obtain a Permit for that Project under these Regulations. Any applicant for a Permit under these Regulations that is also subject to the regulations of other agencies may request in writing that the Town application and review process be coordinated with that of the other agency or agencies. If practicable, and in its discretion, the Town may attempt to eliminate redundant application submittal requests and may coordinate its review of the application with that of other agencies as appropriate. The Town shall provide the applicant, in writing, a copy of its decision upon such coordination request.

(7)

The applicant shall comply with all applicable federal and state laws, regulations, ordinances, review and Permit requirements, and other agency requirements, if any, of applicable agencies including, but not limited to, the Colorado Division of Wildlife, Colorado Department of Transportation, U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service regarding the Endangered Species Act.

(8)

Land use regulations by their very nature generally, and these Regulations specifically, impose limitations on private property rights. The intent of these Regulations is not to limit property rights inconsistently with guarantees set forth in the Colorado and United States Constitutions as so interpreted by the courts.

(Ord. No. 23-20, § 1, 12-12-23)

(1)

Each map referred to in designations and regulations for any particular matter of state interest adopted by the Town Council is deemed adopted therein as is set out in full.

(2)

Maps referred to in any such designation and regulation shall be filed with and be available for inspection at the office of the Town of Frisco Community Development Department.

(Ord. No. 23-20, § 1, 12-12-23)

Unless otherwise specifically provided herein, it shall be the duty of the Planning Commission to conduct an initial hearing on an application for a Permit, and to make a recommendation to the Permit Authority for approval, approval with conditions, or denial of the application. Except as otherwise specifically provided herein, the Permit Authority shall take the final action with regard to all functions pertaining to matters of state interest and the issuance of a Permit.

(Ord. No. 23-20, § 1, 12-12-23)

If any section, clause, provision, or portion of these Regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder shall not be affected thereby.

(Ord. No. 23-20, § 1, 12-12-23)

The words and terms used in these Regulations shall have the meanings set forth below unless the context requires otherwise or unless the term is more specifically defined elsewhere herein:

(1)

Administratively Approved Permit: A permit under these Regulations which is administratively approved with or without conditions, by the Director in consultation with the Town Engineer under Section 2.202 of these Regulations.

(2)

Town Council: The Town Council of the Town of Frisco, State of Colorado.

(3)

County: Summit County, Colorado.

(4)

Designation: That legal procedure specified by Section 24-65.1-401, et seq., C.R.S., carried out by the Town Council.

(5)

Development: Any construction, activity, or change in activity which changes the basic character or the use of the land on which the construction activity or change occurs.

(6)

Community Development Department, or Department or CDD: The administrative department within Town of Frisco government responsible for certain permitting and administrative functions as set forth in these Regulations.

(7)

Director: The person designated by Town to be the Director of the Community Development Department and manage the CDD, or that person's equivalent position or delegated representative.

(8)

Development Code, Unified Development Code, or UDC: The Town of Frisco Unified Development Code codified as Chapter 180 of the Code of Ordinances of the Town of Frisco, as amended from time to time by the Town Council.

(9)

Layman's description: A general, nonlegal description and the popular name, if any, of the tract of land upon which the activity or development is to be conducted. The term "general description" means "layman's description."

(10)

Legal description: Any description from which it is possible to locate accurately on the ground the boundaries of the land being described.

(11)

Material change: Any change in a Project as approved under these Regulations which significantly changes the nature of impacts considered in approval of the original Permit or in the case of a development not previously issued a permit, a structural modification, change of use, change of operation, change of user, which significantly changes the nature of the development and its associated impacts.

(12)

Matter of state interest: Development of or conduct of an activity of state interest.

(13)

Mitigation: Avoiding an impact; minimizing impacts by limiting the degree or magnitude of the action or its implementation; rectifying the impact by repairing, rehabilitating or restoring the impact area, facility or service; or compensation for the impact by replacing or providing for the replacement of biological or physical conditions, services or facilities.

(14)

Permit: A Permit issued under these Regulations to develop or conduct an activity of state interest. Permit shall also include an Administratively Approved Permit issued by the Director under Section 2.202, as the context requires.

(15)

Permit Authority: The Town Council of the Town of Frisco.

(16)

Person: Any private individual, partnership, corporation, association, company, or any public or corporate body, including the state and federal governments, and including any political subdivision, agency, instrumentality, or corporation thereof.

(17)

Project: The facility and/or development which is the subject of an application or an approved Permit under these Regulations.

(18)

Receipt of Application: The time at which the completed application is accepted by the Director and a receipt for the same is issued to the applicant.

(19)

Site Development Plan: The development plan for one or more lots showing the existing and proposed conditions of the lot and any improvements existing or to be constructed on the lot. This includes topography, vegetation, drainage, floodplains, wetlands and waterways, landscaping and open spaces, walkways, means of ingress and egress, circulation, utility services, structures and buildings, signs and lighting, berms, buffers and screening devices, surrounding development, and other information that may be reasonably required for the Director to determine compliance with the requirements of these Regulations, and subsequently authorize issuance of a building or development Permit.

(Ord. No. 23-20, § 1, 12-12-23)