It is the purpose of this Article to:

(1)

Ensure that complete information on the environmental effects of any proposed development is available to the Town Council, the Planning Commission and the general public;

(2)

Ensure that long-term protection of the natural and socioeconomic environment is considered in development planning and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions;

(3)

Provide procedures for local review and evaluation of the effects on the natural and socioeconomic environment and potential effects on public and private utilities prior to granting of permits or other authorization for commencement of building and development; and

(4)

Provide mitigation options for off-site road and utility impacts.

(Prior code 16-20-1)

(a)

When required by the Planning Commission, submission and review of a preliminary environmental assessment on any proposed land development, land use change, Planned Unit Development or subdivision that may affect to any significant degree the quality of the natural, cultural, social or economic environment in the Town shall include a preliminary environmental assessment of whether the proposed project "will," "will not" or "could possibly" affect the environment, either during construction or on a continuing basis in each of the following respects:

(1)

By altering an ecological unit or land form, such as a ridgeline, saddle, draw, ravine, hillside, cliff, slope, creek, marsh, watercourse or other natural landform feature;

(2)

By directly or indirectly affecting a wildlife habitat, feeding ground or nesting ground;

(3)

By altering or removing native grasses, trees, shrubs or other vegetative cover;

(4)

By affecting the appearance or character of a significant scenic area or resource, or involving buildings or other structures that are of a size, bulk or scale that would be in marked contrast to natural or existing cultural features;

(5)

By potentially resulting in rock fall, avalanche, landslide, siltation, settlement, flood or other landform change or hazard to health and safety;

(6)

By discharging toxic or thermally abnormal substance or involving use of herbicides or pesticides, or emitting smoke, gas, steam, dust or other particulate matter;

(7)

By involving any process which results in odor that may be objectionable or damaging;

(8)

By requiring any waste treatment, cooling or settlement pond, or requiring transportation of solid or liquid wastes to a treatment or disposal site;

(9)

By discharging significant volumes of solid or liquid wastes;

(10)

By increasing the demand on existing or planned water supply, sewage disposal, storm drainage or other utility systems to a level which is likely to cause an adverse impact on the Town or the environment;

(11)

By involving any process which generates noise that may be offensive or damaging;

(12)

By either displacing significant numbers of people or resulting in a significant increase in population;

(13)

By preempting a site that is desirable for recreational uses or planned open space;

(14)

By altering local traffic patterns or causing an increase in traffic volume or transit service need; and/or

(15)

By being a part of a larger project that, at any future stage, may involve any of the impacts listed above.

(b)

For each area stated above for which the response is "will" or "could possibly," an environmental impact report addressing such concerns may be required by the Planning Commission before development review by the Planning Commission, or may be required by the Town Council at any time prior to final approval.

(Prior code 16-20-2)

An environmental impact report shall not be required for the following:

(1)

A phase of development for which an environmental impact report was previously submitted and reviewed covering the entire development, provided that the development was approved originally and not subsequently altered in any material respect.

(2)

A development that, on the basis of a preliminary environmental assessment covering each of the factors listed above, is found to have an insignificant impact on the environment. The preliminary environmental assessment and the finding on environmental impact shall be made by the Planning Commission.

(Prior code 16-20-3)

(a)

The environmental impact report shall be prepared by independent, qualified professional consultants or personnel approved by the Town.

(b)

The range of studies needed to develop the technical data for an environmental impact report includes the following natural systems and other studies:

(1)

Hydrologic conditions, such as surface drainage and watershed characteristics, groundwater and soil permeability characteristics, natural water features and characteristics, and any potential changes or impacts;

(2)

Atmospheric conditions, such as airshed characteristics, potential emissions and any potential changes or impacts;

(3)

Geologic conditions, such as landforms, slope, soil characteristics, potential hazards and any potential changes or impacts;

(4)

Biotic conditions, such as vegetative habitats and any potential changes or impacts;

(5)

Noise levels, odor characteristics and any potential changes or impacts thereof;

(6)

Visual conditions such as view corridors and scenic values and any potential changes, impacts or significant contrasts;

(7)

Land use conditions, such as characteristics of uses, compatibility with officially adopted land use and open space policies and objectives, including the Community Plan, Parks and Recreation Master Plan and potential changes or impacts;

(8)

Circulation and transportation conditions, such as volumes and traffic-flow patterns, transit service needs, alternative transit systems and potential changes or impacts; and

(9)

Population characteristics, such as growth rates, residential densities, neighborhood patterns, potential displacement of residents or businesses and potential changes or impacts.

(c)

The environmental impact report shall summarize the findings and recommendations of the technical and other supporting studies in terms that can be assessed and evaluated by Town officials and the general public. Technical data shall be submitted as supporting documentation. Technical data prepared as a part of any other procedure or requirement of this Chapter or of any ordinances or federal, state, county or town regulations also may be used to support an environmental impact report.

(Prior code 16-20-4)

(a)

The environmental impact report shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Planning Commission and the Town Council to judge the environmental impact of the proposal and to judge measures proposed to reduce or mitigate any harmful impacts.

(b)

The environmental impact report shall include a general statement identifying and describing the proposed project and its purpose.

(c)

To the extent that such items are not otherwise included in other materials submitted with any application or preliminary plan, descriptive materials, maps and plans shall be submitted showing the following information:

(1)

Project boundaries and boundaries of the area within which the environmental impacts are likely to be significant;

(2)

Present and proposed uses of the site;

(3)

Present and proposed zoning of the site;

(4)

Quantitative information relative to the development, such as site area, numbers of residential units, proposed height and bulk of buildings, building floor area in square feet and such other data as will contribute to a clear understanding of the scale of the development; and

(5)

A list of regulatory or review agencies and the specific regulations to which the proposed development will be subject.

(d)

The environmental impact report shall include an environmental inventory, providing reasonably complete information on the environmental setting existing prior to the proposed development and containing sufficient information to permit independent evaluation by reviewers of factors that could be affected by the proposed development. The environmental inventory shall include maps, photographs or other appropriate illustrative material. Areas categorized according to type of possible impact shall be identified. The environmental inventory shall describe both the physical and biological natural setting and the man-made setting of the site and its surroundings. The environmental impact report shall include a comprehensive, qualitative and quantitative analysis of any significant impact the proposed development will have on the environment. The analysis shall describe temporary effects that will prevail during construction and long-term effects that will prevail after completion. The analysis shall describe both beneficial effects and detrimental effects. The analysis shall consider primary effects and secondary effects that will result from the proposed development on the social, cultural, physical and economic environment.

(e)

The analysis portion of the environmental impact report shall assess the following items in reasonable detail:

(1)

Adverse effects which cannot be avoided if the proposal is implemented.

(2)

Mitigating measures proposed to minimize the impact.

(3)

Construction impacts and short-term effects of the proposal which either significantly reduce or enhance the state of the environment.

(4)

Cumulative and long-term effects of the proposal which either significantly reduce or enhance the state of the environment.

(5)

Possible alternatives to the proposed action.

(6)

Irreversible environmental changes resulting from implementation of the proposal.

(7)

Population and economic growth-inducing impacts of the proposal.

(8)

A fiscal impact analysis of the estimated demand for Town services.

(Prior code 16-20-5)

The Planning Commission may further prescribe the form and content of the environmental impact report, setting forth in greater detail the factors to be considered and the manner in which the report shall be prepared, and may require submission of information in addition to that required in this Article.

(Prior code 16-20-6)

The applicant shall pay the cost of preparing the environmental impact report for the proposed development. When a determination is made by the Town staff that outside assistance is needed to review any environmental impact report, the Town staff shall obtain approval of the Town Council for hiring outside consultants. Upon approval of the Town Council to hire outside consultants, the Town staff shall estimate the amount of money necessary to pay the consultants, and this amount shall be forwarded to the Town by the applicant prior to scheduling the application for Planning Commission hearing. Upon completion of the review by the consultants, any of the funds forwarded by the applicant for payment of the consultants which have not been paid to the consultants shall be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shall be paid by the applicant within thirty (30) days of notification by the Town.

(Prior code 16-20-7)

The environmental impact report, when required, shall be submitted to the Planning Commission with any application or preliminary plan. The Planning Commission shall prescribe the number of copies to be submitted. Environmental impact reports shall be available for public review in the offices of the Town. The Planning Commission shall refer the report to any federal, state or county agencies or any other entity or individual from which the Town Council or the Planning Commission desires comment.

(Prior code 16-20-8)

The Planning Commission and the Town Council shall require a public hearing on the environmental impact report as part of the reviewing process of any application or preliminary plan.

(Prior code 16-20-9)