The procedures concerning permit applications, notice and conduct of permit hearings, review of Permit Authority decisions, and the issuance and content of permits to engage in the designated activity of a municipal or industrial water project shall comply with the provisions set forth in the Permit Regulations (Sec. 17-16-201 et seq.) and the additional provisions of Sec. 17-16-301 throug 17-16-311.

(Ord. No. 8691 §1, 1-13-14)

These various sections constituting Sec. 17-16-101 et seq. are entitled and may be cited as the "Guidelines and Regulations for Areas and Activities of State Interest of the City of Pueblo," or "these Regulations." Sec. 17-16-101 through 17-16-125 of these Regulations may be cited as the "Administrative Regulations."

(Ord. No. 8691 §1, 1-13-14)

(1)

The purpose and intent of these Regulations is to facilitate identification, designation, and 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 City Council finds that:

(a)

The notice and public hearing requirements of Section 24-65.1-404, C.R.S. have been followed;

(b)

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

(c)

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

(d)

These Regulations apply to the entire territory located within the city limits of the City; 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 City Council.

(Ord. No. 8691 §1, 1-13-14)

The Regulations are authorized by, inter alia, Section 24-65.1-101, et seq., C.R.S.; Section 29-20-101, et seq., C.R.S.; Section 31-23-101, et seq., C.R.S.; and Section 31-15-101, et seq., C.R.S.

(Ord. No. 8691 §1, 1-13-14)

These Administrative Regulations shall apply to all proceedings concerning identification, designation and regulation of any developments in any area of state interest or any activity of state interest which have been or may hereafter be designated by the City Council.

(Ord. No. 8691 §1, 1-13-14)

The portions of these Regulations which are authorized exclusively under Section 24-65.1-101, et seq., C.R.S., as amended, shall not apply to any development in an area of state interest or any activity of state interest if, on the effective date of these Regulations, the specific development or activity is authorized by a valid building permit issued by the Pueblo Regional Building Department on behalf of the City. In addition, said exemption shall apply in the following circumstances:

17-16-105.1 The specific development or activity was directly approved by the electorate of the State or of the City; provided that approval by the electorate of any bond issue shall not, in and of itself be construed to be an approval of the specific development or activity;

17-16-105.2 The specific development or activity is to be on land which has been finally approved, with or without conditions, for planned unit development and a Site Development Plan has been approved by the City prior to the effective date of these Regulations for the development or activity which would otherwise be subject to these Regulations;

17-16-105.3 The specific development or activity is to be on land which has been zoned by the City 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;

17-16-105.4 These Regulations shall not apply to the division, subdivision or resubdivision of land, which complies with Sec. 12-4-1 to 12-4-12 of the City's Municipal Code.

17-16-105.5 The 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 Director of the Planning and Community Development Department.

17-16-105.6 These Regulations shall not apply to any use or structure otherwise lawfully existing on the date the area or 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, 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 zoning permit and building permit, as applicable.

17-16-105.7 Consistent with Article 15 of the City Charter, these Regulations shall not apply to any system, extension or project proposed by the Board of Water Works.

(Ord. No. 8691 §1, 1-13-14)

17-16-106.1 Whenever these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, or other enactment of the City, the enactment imposing the more restrictive standards or requirements shall control.

17-16-106.2 These Regulations are intended to be applied in addition to, and not in lieu of, all other regulations of the City, including without limitation, the City Zoning and Subdivision Regulations and the Pueblo Regional Building Code, as amended from time to time.

17-16-106.3 Approval of a location for a facility under other sections of the City's Municipal Code does not obviate and shall not substitute for the need to obtain a permit for that facility under these Regulations.

17-16-106.4 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 24-65.1-202 and 24-65.1-204, C.R.S., the statutory criteria shall control.

17-16-106.5 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 24-65.1-202 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.

17-16-106.6 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.

17-16.106.6.1 Section 25-8-701, et seq., C.R.S., sewage treatment plant site approval;

17-16-106.6.2 5 C.C.R. § 10002-22 Regulation No. 22, Site Location and Design Approval Regulations for Domestic Wastewater Treatment Works;

17-16-106.6.3 Section 25-8-501, et seq., C.R.S., point source pollutant discharge permits;

17-16-106.6.4 Section 208 (33 U.S.C. Section 1288) area-wide wastewater treatment management planning administered by the Pueblo Area Council of Governments;

17-16-106.6.5 Section 303 (33 U.S.C. Section 1313) river basin water quality management planning;

17-16-106.6.6 Disposal of sewage sludge (33 U.S.C. Section 1345);

17-16-106.6.7 Section 32-1-201, C.R.S., Special District Control Act;

17-16-106.6.8 16 U.S.C. Section 661-666(c) (1970), the Fish and Wildlife Coordination Act;

17-16-106.6.9 Section 102(c) (42 U.S.C. Section 4321, et seq.) the National Environmental Policy Act;

17-16-106.6.10 Section 404 of the Federal Clean Water Act; and

17-16-106.6.11 Current clearance letter or take permit for the Project issued by the U.S. Fish & Wildlife Service for threatened or endangered animal or plant species.

17-16-106.7 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 City application and review process be coordinated with that of the other agency or agencies. If practicable, and in its discretion, the City may attempt to eliminate redundant application submittal requests and may coordinate its review of the application with that of other agencies as appropriate. The City shall provide the applicant, in writing, a copy of its decision upon such coordination request.

17-16-106.8 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.

17-16-106.9 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. 8691 §1, 1-13-14)

17-16-107.1 Each map referred to in the designations and regulations for any particular matter of state interest adopted by the City Council is deemed adopted therein as is set out in full.

17-16-107.2 Maps referred to in any such designation and regulation shall be filed with and be available for inspection at the office of the City's Planning and Community Development Department.

(Ord. No. 8691 §1, 1-13-14)

Unless otherwise specifically provided herein, it shall be the duty of the City Council to perform all functions pertaining to matters of state interest.

(Ord. No. 8691 §1, 1-13-14)

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. 8691 §1, 1-13-14)

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:

17-16-110.1 Administrative Approval: an approval of development under these Regulations which is granted, with or without conditions, by the Director under Section 17-16-212 of these Regulations.

17-16-110.2 Ambient Water Pollutant Level: the median concentration of a pollutant in water determined as of December 1, 2013. For metals and cyanide, ambient concentration shall be determined as the median of the total metal or total cyanide concentration.

17-16-110.3 Aquifer Recharge Area: a pit, pond, lagoon, well, or other constructed facility designed for the purpose of enhancing aquifer recharge, or any reach of a perennial surface stream from which the net movement of water is out of the surface stream and into an aquifer. For purposes of this regulation, the term Aquifer Recharge Area does not include unpaved land surface, any individual sewage disposal system (ISDS), or any subsurface structure not constructed for the purpose of aquifer recharge.

17-16-110.4 CDPHE: the Department of Public Health and the Environment of the State of Colorado.

17-16-110.5 City: the City of Pueblo, Colorado, a Colorado municipal corporation.

17-16-110.6 City Council: The governing body of the City, elected or appointed pursuant to the City Charter.

17-16-110.7 Designation: that legal procedure specified by Section 24-65.1-401, et seq., C.R.S., carried out by the City Council.

17-16-110.8 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.

17-16-110.9 Director: the person designated by the Mayor to be the Director of the Planning and Community Development Department or that person's equivalent position or delegated representative.

17-16-110.10 Extensive Water Pollution: An increase of greater than fifteen percent (15%) of the difference between the ambient concentration of any pollutant in a water body and the applicable State water quality standard for that pollutant. In cases where no State water quality standard has been established, the determination of whether extensive water pollution would result from a project shall be based on the best professional judgment of the Pueblo City Council.

17-16-110.11 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."

17-16-110.12 Legal description: any description from which it is possible to locate accurately on the ground the boundaries of the land being described.

17-16-110.13 Major extensions of municipal and industrial water systems: any extension of a municipal drinking water distribution system, a municipal wastewater collection system, an industrial raw water or drinking water main, an industrial wastewater main, or an expansion of a municipal drinking water or wastewater treatment facility, that would require design approval by the Water Quality Control Division of the Colorado Water Quality Control Commission under 5 CCR 1002-22.

17-16-110.14 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, and/or change of user, which significantly changes the nature of the development and its associated impacts.

17-16-110.15 Matter of state interest: development in an area of state interest or conduct of an activity of state interest or both.

17-16-110.16 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.

17-16-110.17 Permit: a permit issued under these Regulations to conduct an activity of state interest and/or to engage in development in an area of state interest. Permit shall also include an Administrative Approval issued by the Director of the Planning and Community Development Department under Section 17-16-212, as the context requires.

17-16-110.18 Permit Authority: the City Council.

17-16-110.19 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.

17-16-110.20 Planning Department, or "Department": the City's Planning and Community Development Department which is the administrative department within City government responsible for certain permitting and administrative functions as set forth in these Regulations.

17-16-110.21 Project: the facility and/or development which is the subject of an application or an approved Permit under these Regulations.

17-16-110.22 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.

17-16-110.23 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. 8691 §1, 1-13-14; Ord. No. 9296 §1, 6-11-18)

Designations and amendments of designations may be initiated in two ways:

17-16-120.1 The City Council may in its discretion designate and adopt regulations for the administration of any matter of state interest.

17-16-120.2 The City Council, in its sole subjective discretion, may refer a proposed matter of state interest to the Planning Commission for review and recommendation. The City Council shall decide, in its sole discretion, whether or not to designate any or all of the requested matters of state interest.

(Ord. No. 8691 §1, 1-13-14)

The City Council shall hold a public hearing before designating any matter of state interest and adopting regulations for the administration thereof. Said hearing shall be held not less than thirty (30) days nor more than sixty (60) days after the giving of public notice of said hearing.

(Ord. No. 8691 §1, 1-13-14)

17-16-122.1 The Planning Department shall prepare a notice of the designation hearing which shall include:

17-16-122.1.1 The time and place of the hearing;

17-16-122.1.2 The place at which materials relating to the matter to be designated and any guidelines and regulations for the administration thereof may be examined;

17-16-122.1.3 A description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to property which would be included.

17-16-122.2 At least thirty (30) days but no more than sixty (60) days before the public hearing, the Planning Department shall publish the notice in a newspaper of general circulation in the City and shall mail the notice by first class mail to each of the following:

17-16-122.2.1 In the discretion of the Planning Department, any person considered likely to be affected by the proposed designation; and

17-16-122.2.2 If any other local governmental jurisdiction would be directly or indirectly affected, the proposed designation similarly may be mailed to such government in the sole discretion of the Planning Department.

(Ord. No. 8691 §1, 1-13-14)

The Planning Department shall collect and preserve the following record of the public hearing:

17-16-123.1 A copy of the notice of the hearing;

17-16-123.2 The certificate of publication of the notice of the hearing and a listing of all persons to whom the notice was mailed;

17-16-123.3 The names and addresses of persons who presented written or oral statements or offered documentary evidence;

17-16-123.4 Any written statements or documents presented in support of or in opposition to the proposed designation of the matter of state interest;

17-16-123.5 Any recording or transcript of the hearing;

17-16-123.6 The written order of designation of the area and/or activity of state interest; and

17-16-123.7 A map or maps depicting each area of state interest designated.

(Ord. No. 8691§1, 1-13-14)

17-16-124.1 At the conclusion of the hearing, or within thirty (30) days thereafter, the City Council may adopt, adopt with modification, or reject the proposed designation which was the subject of public hearing.

17-16-124.2 In making any such designation, the City Council shall take into consideration:

17-16-124.2.1 All testimony, evidence and documents taken and admitted at the public hearing, including that presented by City staff;

17-16-124.2.2 The intensity of current and foreseeable development pressures in the City;

17-16-124.2.3 The matters and considerations set forth in any applicable guidelines or model regulations issued by state agencies; and

17-16-124.2.4 Reasons why the particular area or activity is of state interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.

17-16-124.3 In the event the City Council finally determines that any matter is a matter of state interest, it shall be the City Council's duty, acting by ordinance, to designate such matter by order and adopt regulations for the administration thereof.

17-16-124.4 Each designation order (sample form attached as Exhibit A) adopted by the City Council shall:

17-16-124.4.1 Specify the boundaries of the designated area of state interest or the boundary of the area in which an activity of state interest has been designated;

17-16-124.4.2 Specify the regulations applicable to the designated matter of state interest.

(Ord. No. 8691 §1, 1-13-14)

The order of designation shall be attested by the City Clerk and delivered to the County Clerk and Recorder for filing in the same manner as any document affecting real property.

(Ord. No. 8691 §1, 1-13-14)

These various sections constituting Sec. 17-16-201 through 17-16-253 of these Regulations may be cited as the "Permit Regulations."

(Ord. No. 8691 §1, 1-13-14)

The purpose and intent of the Permit Regulations is to facilitate the process for application, review, issuance and administration of permits for matters of state interest consistent with statutory requirements and criteria set forth in Section 24-65.1-101, et seq., C.R.S.

(Ord. No. 8691 §1, 1-13-14)

17-16-203.1 The City Permit Authority is hereby established, the members of which shall be the City Council.

17-16-203.2 Except as otherwise specifically set forth in these Regulations, the Permit Authority shall exercise all powers and duties described in these Regulations.

(Ord. No. 8691 §1, 1-13-14)

17-16-204.1 No person may conduct a designated activity of state interest, or develop in a designated area of state interest, without first obtaining an Administrative Approval, a Permit, or a Permit amendment under these Regulations.

17-16-204.2 No permit for a permanent use in a City right-of-way or on City owned properties and no grading permit, excavation permit or building permit shall be issued by the City for the purposes of development in an area of state interest and/or conduct of a designated activity of state interest without first obtaining an Administrative Approval or a Permit pursuant to these Regulations.

17-16-204.3 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 and a single Permit issued.

(Ord. No. 8691 §1, 1-13-14)

Any action seeking judicial review of a final decision of the Permit Authority shall be initiated within twenty eight (28) days after the decision is made, in the District Court in and for Pueblo County, pursuant to Rule 106 of the Colorado Rules of Civil Procedure. These Regulations are not intended to create third-party rights of enforcement beyond those provided by law.

(Ord. No. 8691 §1, 1-13-14)

17-16-210.1 Before submitting an application for a Permit under these Regulations, the applicant shall meet with the Planning Department in a pre-application meeting.

17-16-210.2 At or before the pre-application meeting, the applicant shall provide the Department with:

17-16-210.2.1 Names and addresses of all persons or interests proposing the activity or development;

17-16-210.2.2 Name and qualifications of the person(s) responding to the requirements detailed in these Regulations;

17-16-210.2.3 A written summary of the Project including:

17-16-210.2.3.1 Map prepared at an easily readable scale showing:

-

Boundary of the proposed Project

-

Relationship of the proposed Project to surrounding topographic and cultural features such as roads, streams and existing structures

-

Proposed buildings, improvements and infrastructure.

-

Ownership of lands located within 300' of the proposed project, including publicly owned land.

17-16-210.2.4 Information that is sufficient for determining the nature of the Project and the type, extent and location of impacts associated with the Project;

17-16-210.2.5 Any additional information requested by the Director as may be reasonably necessary to make the Administrative Approval determination or assist in the decision-making for the permit.

17-16-210.3 The purpose of the pre-application meeting is to permit the applicant and the staff of the Planning Department to review the proposal informally and to coordinate with or request review and comment from other relevant agencies before substantial commitment of time and money is made. Topics of discussion may include, as relevant to the specific application, but are not limited to:

17-16-210.3.1 Characteristics of the activity, including its location or potential locations, significant natural and man-made features, with particular attention to natural hazard, resource or other special areas; the size and accessibility of the site; surrounding development and land uses; and its potential impact on surrounding areas, including potential environmental effects and planned mitigation strategies.

17-16-210.3.2 The nature of the development proposed, including land use types and their densities; placement of proposed buildings and maintenance of common open space or treatment of public use areas; the preservation of natural and historic features; proposed parking areas and internal circulation system, including trails, the total ground coverage of paved areas and structures; and types of water and sewage treatment systems proposed.

17-16-210.3.3 Community policy considerations, including the review process and likely conformity of the proposed development with the policies and requirements of these Regulations.

17-16-210.3.4 Applicable regulations, review procedures and submission requirements.

17-16-210.3.5 Other regulatory reviews or procedures to which the applicant is subject, the applicant's time frame and phasing for the Project, and other concerns of the Planning Department.

17-16-210.4 Any comments or commitments made by the Planning Department during this pre- application conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by Department staff until after the application is submitted.

(Ord. No. 8691 §1, 1-13-14)

Within seven (7) days after the pre-application meeting, the Department shall establish an estimated fee in an amount reasonable and necessary to cover costs of determining whether an Administrative Approval 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 Planning Department deems necessary to advise it in making its determination. Once the estimate is established, the Planning Department shall notify the applicant in writing of said fee and its amount. Following receipt of such notice, the applicant shall present to the Planning Department cash, cashier's check, or a certified check in the amount set. Until the fee is paid, no further action shall be taken in the application process. The Planning Department shall provide to the applicant, upon completion of the aforementioned review, an itemized accounting of expenses incurred by the Planning Department and shall, in accordance with City disbursement procedures, refund to the applicant any unexpended portion of the fee payment, or invoice the applicant for additional expenses incurred beyond the estimate provided.

(Ord. No. 8691 §1, 1-13-14)

Based upon review of the pre-application submittals and the information obtained at the pre-application conference, and after receipt of the pre-application fee, the Director may determine that an Administrative Approval is warranted or that a Permit is required. Such determination shall be made by the Director within thirty (30) days after receipt of the fee and any additional information requested at the pre-application meeting.

17-16-212.1 Administrative Approval. The Director may determine that an Administrative Approval should be issued if the construction or operation of the Project, as proposed, is unlikely to have any significant adverse impact to the City in consideration of the relevant Permit Application Review Criteria, and any conditions, requirements or mitigation measures imposed under Section 17-16-212.4.1. If the Director issues an Administrative Approval, the applicant does not need to submit a permit application, unless the Permit Authority deems that a Permit is necessary, following reconsideration as set forth in Section 17-16-212.5.

17-16-212.2 Permit Required. If the Director determines that an Administrative Approval 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.

17-16-212.3 Notice of Director's Determination on an Administrative Approval. Upon the Director's determination of an Administrative Approval, the Department shall notify the applicant by mail, and shall notify the Permit Authority, the Mayor and the City Attorney of the determination by e-mail or memorandum.

17-16-212.4 Legal effect of an Administrative Approval.

17-16-212.4.1 The Administrative Approval may include conditions, requirements and mitigation measures imposed by the Director. Such conditions may include the need to submit a copy of any other regulatory approval once obtained and prior to the City's approval of a site development plan and the issuance of a construction permit for the project.

17-16-212.4.2 The Administrative Approval is limited to the Project as described at the pre- application meeting and in any supplementary information provided prior to the Director's decision.

17-16-212.4.3 If the Project is revised to exceed or vary from the terms of the Administrative Approval as issued by the Director, the Administrative Approval shall be invalid and a Permit under these Regulations is required.

17-16-212.5 Reconsideration and Appeal of an Administrative Approval.

17-16-212.5.1 Within fourteen (14) days after the date of notice of the Director's determination of an Administrative Approval under Section 17-16-212.3, the applicant may file a written request for reconsideration with the Director. Such request must be accompanied with such modifications to the application and/or additional information as the applicant wishes the Director to consider, along with the factual or legal basis for the request.

17-16-212.5.2 In processing the request, the Director may request such additional details from the applicant as he or she may believe necessary, and may hold a face-to-face meeting with the applicant to assist in deciding upon the merits of the request.

17-16-212.5.3 The Director shall act on the request for reconsideration within fourteen (14) days of its receipt and shall notify the applicant of his or her decision in the manner set forth in Section 17-16-212.3. Only one (1) such request is permitted.

17-16-212.5.4 If no request for reconsideration is filed within the required period, the Director's decision on the Administrative Approval is final and non-appealable.

17-16-212.5.5 The Director's decision may be appealed only by the applicant to the Permit Authority by the filing of a written appeal with the Planning Department within fourteen (14) days of the date of notice of the Director's decision on the reconsideration request. The Permit Authority shall consider the appeal at a hearing conducted in substantially the same manner as set forth in Section 17-16-230 and Section 17-16-231.

17-16-212.6 Suspension of Administrative Approval: In the event the Director has reason to believe that a condition imposed in an Administrative Approval has been violated by the applicant, the Director may temporarily suspend the Administrative Approval for a period of thirty (30) days. Before imposing such a temporary suspension, the Director shall give the applicant written notice of the specific violation and shall allow the applicant a period of at least ten (10) days to correct the violation. If the applicant does not concur that there is a violation, the applicant shall, within ten (10) days of the date of such notice, demonstrate to the Director why temporary suspension should not be ordered. Within ten (10) days thereafter, the Director shall make a decision, as follows:

17-16-212.6.1 If the Director determines there is no violation, the matter is closed and the Administrative Approval remains in effect.

17-16-212.6.2 If the Director finds a violation exists, the Administrative Approval shall be suspended for thirty (30) days. During such period, the applicant shall either:

17-16-212.6.2.1 Correct the violation;

17-16-212.6.2.2 Request an extension of time to correct the violation, or

17-16-212.6.2.3 Request a show cause hearing before the Permit Authority, which shall be conducted in substantially the manner set forth in Section 17-16-230 and Section 17-16-231.

(Ord. No. 8691 §1, 1-13-14; Ord. No. 9296 §1, 6-11-18)

17-16-220.1 If an Administrative Approval is not granted, then any person desiring to engage in development in a designated area of state interest or to conduct a designated activity of state interest shall first apply for and obtain a permit from the Permit Authority, in the form attached hereto as Exhibit B or such form(s) as shall be approved by the Director, and maintained in the office of the Planning Department. Applications for permits shall be submitted to the Planning Department. In the event a development or activity is proposed as an integral part of a subdivision or planned unit development, it shall be the responsibility of the service provider and/or developer to comply with these Regulations.

17-16-220.2 A permit application shall not be accepted unless it is complete. A request for waiver of submission requirements shall not render the application incomplete. If the application is determined to be incomplete by the Planning Department Director, the Director shall specify what additional information is required. An application need not meet the submission requirements for other than the particular development alternative for which a permit is being sought in order to be considered complete. When a submitted application is determined to be complete by the Planning Department Director, the Director shall note upon the application the date and hour of its receipt.

17-16-220.3 The Permit Authority shall approve an application for a permit to develop within an area or conduct activity of state interest if the proposed development or activity complies with the applicable criteria in these Regulations. If the proposed development or activity does not comply with these criteria, the permit shall be denied or it may be approved with conditions.

17-16-220.4 When an applicant seeks a permit to engage in development in more than one area of state interest and/or to conduct more than one activity of state interest, a single application may be completed for all such developments or activities and may be reviewed by the Permit Authority in one consolidated hearing, and, if approved, a single permit for all requested areas/activities may be granted.

(Ord. No. 8691 §1, 1-13-14)

17-16-221.1 Within ten (10) days following receipt of a completed application for a permit, the Planning Department shall determine and set an estimated fee in an amount necessary to cover the costs incurred in the review and action upon the permit application, including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the Planning Department deems necessary to advise it on the application package, all hearings conducted therefor, and shall notify the applicant in writing of the fee. Until the fee is paid to the Planning Department, the application shall not be further processed. The Planning Department will determine the final fee at the conclusion of the permit hearing, which must be paid by the applicant before the permit is issued.

17-16-221.2 The actual costs incurred by the City to process the application shall be deducted from the application fee. The Planning Department shall keep an accurate record of the actual time and other costs required for processing the application. If the balance of fees falls below a minimum balance established by the Planning Department, additional billings shall be made to the applicant commensurate with the additional costs incurred by the City. The City may cease processing the application pending receipt of additional installments. Any portion of the application fee which is not necessary to cover the cost of processing the application will be reimbursed to the applicant at the conclusion of all actions necessary to process the application.

17-16-221.3 The Planning Department Director reserves the right to waive all or a portion of the fees and costs imposed by this Section if determined to be reasonably justified by the Director.

(Ord. No. 8691 §1, 1-13-14)

In addition to specific submission requirements listed at Sections 17-16-310, 17-16-410 and 17-16-510, all applications for a Permit under these Regulations shall be accompanied by copies of the following materials in the number required by the Director. Additional materials may be required by the Director for a particular type of Project. To the extent an applicant has prepared or submitted materials for a federal, state or local permit, which are substantially the same as required herein, a copy of those materials may be submitted to satisfy the corresponding submission required below. The Planning Department Director may waive any part, but not all, of the submission requirements imposed by these Regulations upon petition of the applicant that full compliance with the submission requirements would be irrelevant or insignificant and that the submission requirements so waived would not address or disclose a substantial impact on the City or its residents. A waiver of submission requirements may be granted by the Planning Department Director upon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these Regulations. In the event the waiver request is denied, the applicant may file a written appeal of the same within five (5) days with the Mayor, whose decision on the same shall be final and non-appealable. Thereafter, the applicant shall provide the required additional information before a hearing date will be scheduled.

17-16-222.1 Completed application form in the format attached as Exhibit B and approved by the Planning Department Director.

17-16-222.2 The Director may require submission of any plan, study, survey or other information, in addition to the information required by this Section, at the applicant's expense, as in the Director's judgment is necessary to enable the City to review and act upon the application.

17-16-222.3 Any application which requires compliance with § 24-65.5-101, et seq., C.R.S., (Notification to Mineral Owners of Surface Development) shall not be considered to have been submitted as complete until the applicant has provided a certification signed by the applicant confirming that the applicant or its agent has examined the records of the Pueblo County Clerk and Recorder for the existence of any mineral estate owners or lessees that own less than full fee title in the property which is the subject of the application, and stating whether or not any such mineral estate owners or lessees exist. In addition, for purposes of the City convening its initial public hearing on any application involving property which mineral estate owners or lessees owning less than full fee title in the property have been certified by the applicant to exist, the application shall not be considered to have been submitted as complete until the applicant has provided an additional signed certification confirming that the applicant has, at least thirty (30) days prior to the initial public hearing, transmitted to the City and to the affected mineral estate owners and lessees the notices required by C.R.S. §24-65.5-101, et seq.

17-16-222.4 Information describing the applicant.

17-16-222.4.1 The names, addresses, including email addresses and fax numbers, organizational form, and business of the applicant and, if different, the owner of the Project.

17-16-222.4.2 The names, addresses and qualifications, including those areas of expertise and experience with projects directly related or similar to that proposed in the application package, of individuals who are or will be responsible for constructing and operating the Project.

17-16-222.4.3 Written authorization of the application package by the Project owner, if different than the applicant.

17-16-222.4.4 Documentation of the applicant's financial and technical capability to develop and operate the Project, including a description of the applicant's experience developing and operating similar projects.

17-16-222.4.5 Written qualifications of report preparers.

17-16-222.5 Information describing the Project.

17-16-222.5.1 Vicinity map showing the proposed site and the surrounding area.

17-16-222.5.2 Executive summary of the proposal indicating the scope and need for the Project.

17-16-222.5.3 Plans and specifications of the Project in sufficient detail to evaluate the application against the applicable Review Criteria.

17-16-222.5.4 Descriptions of alternatives to the Project considered by the applicant. If the Director determines that the nature or extent of the proposal involves the potential for significant damage and warrants examination of other specific, less damaging alternatives, the Director may require the applicant to evaluate and present information on such additional alternatives as part of the application.

17-16-222.5.5 Schedules for designing, permitting, constructing and operating the Project, including the estimated life of the Project.

17-16-222.5.6 The need for the Project, including a discussion of alternatives to the Project that were considered and rejected; existing/proposed facilities that perform the same or related functions; and population projections or growth trends that form the basis of demand projections justifying the Project.

17-16-222.5.7 Description of relevant conservation techniques to be used in the construction and operation of the Project.

17-16-222.5.8 Description of demands that this Project expects to meet and the basis for projections of that demand.

17-16-222.5.9 List of adjacent property owners and their mailing addresses.

17-16-222.6 Property rights, other permits and approvals.

17-16-222.6.1 Description of property rights that are necessary for or that will be affected by the Project, including easements and property rights proposed to be acquired through negotiation or condemnation.

17-16-222.6.2 A list of all other federal, state and local permits and approvals that will be required for the Project, together with any proposal for coordinating these approvals with the City permitting process. Copies of any permits or approvals related to the Project which have been granted.

17-16-222.6.3 Copies of relevant official federal and state consultation correspondence prepared for the Project; a description of all mitigation required by federal, state and local authorities; and copies of any draft or final environmental assessments or impact statements required for the Project.

17-16-222.7 Land Use.

17-16-222.7.1 Provide a map at a scale relevant to the Project and acceptable to the Planning Department describing existing land uses and existing zoning of the proposed Project area and the Project service area, including peripheral lands which may be impacted. The land use map shall include but need not necessarily be limited to the following categories: residential, commercial, industrial, extractive, transportation, communication and utility, institutional, open space, outdoor recreation, agricultural, forest land and water bodies. Show all special districts (school, fire, water, sanitation, etc.) within the Project area.

17-16-222.7.2 All immediately affected public land boundaries should be indicated on the map. Potential impacts of the proposed development upon public lands must be visually illustrated on the map as well as described in the text.

17-16-222.7.3 Specify whether and how the proposed Project conforms to the City Master Plan, or if it doesn't conform, how the plan should be amended to accommodate the Project.

17-16-222.7.4 Specify whether and how the proposed Project conforms to applicable regional and state planning policies.

17-16-222.7.5 Specify whether and how the proposed Project conforms to applicable federal land management policies.

17-16-222.7.6 If relevant to the Project design, describe the agricultural productivity capability of the land in the Project area, using Soils Conservation Service soils classification data.

17-16-222.7.7 Describe the probability that the Project may be significantly affected by earthquakes, floods, fires, snowslides, avalanches, rockslides or landslides and any measures that will be taken to reduce the impact of such events upon the Project.

17-16-222.7.8 Specify if excess service capabilities created by the proposed Project will prove likely to generate sprawl or strip development.

17-16-222.7.9 Specify whether the demand for the Project is associated with development within or contiguous to existing service areas.

17-16-222.8 The applicant shall supply a surface and subsurface drainage analysis.

17-16-222.9 Financial feasibility of the Project.

17-16-222.9.1 Relevant bond issue, loan and other financing approvals or certifications (e.g. approved bond issues; bond counsel opinion).

17-16-222.9.2 Business plan that generally describes the financial feasibility of the Project.

17-16-222.10 Local infrastructure and services impacts. An impact analysis that addresses the manner in which the applicant will comply with the relevant Permit Application Review Criteria. The impact analysis shall include the following information: description of existing capacity of and demand for local government services including but not limited to roads, schools, parks, water and wastewater treatment, water supply, emergency services, transportation, infrastructure, and other services necessary to accommodate the Project within the City.

17-16-222.11 Recreational Opportunities. Description of the impacts and net effect of the Project on present and potential recreational opportunities.

17-16-222.12 Areas of Paleontological, Historic or Archaeological Importance. Description of the impacts and net effect of the Project on sites of paleontological, historic or archaeological interest.

17-16-222.13 Nuisance. Descriptions of noise, glare, dust, fumes, vibration, and odor levels anticipated to be caused by the Project.

17-16-222.14 Air Quality. Description 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, considering particulate matter and aerosols, oxides, hydrocarbons, oxidants, and other chemicals, temperature effects and atmospheric interactions.

17-16-222.15 Visual Quality. Description of the impacts and net effect that the Project would have on visual quality, considering viewsheds, scenic vistas, unique landscapes or land formations within view of the Project area, and how the impacts would be mitigated.

17-16-222.16 Surface Water Quality.

17-16-222.16.1 Map and/or description of all surface waters relevant to the Project, including description of provisions of the applicable regional water quality management plan, and NPDES Phase II Permit and necessary Section 404 Federal Clean Water Act Permit that applies to the Project and assessment of whether the Project would comply with those provisions, including nutrient-related parameters. The application should specify nutrient loadings for nitrogen, phosphorus and chlorophyll and plans to prevent or mitigate cultural eutrophication.

17-16-222.16.2 Existing data monitoring sources, including but not limited to those for nutrient pollution.

17-16-222.16.3 Descriptions of the immediate and long-term impact and net effects that the Project would have on the quantity and quality of surface water under both average and worst case conditions.

17-16-222.17 Groundwater Quality.

17-16-222.17.1 Map and/or description of all groundwater, including any and all aquifers relevant to the Project. At a minimum, the description should include:

17-16-222.17.1.1 Seasonal water levels in each portion of the aquifer affected by the Project.

17-16-222.17.1.2 Artesian pressure in said aquifers.

17-16-222.17.1.3 Groundwater flow directions and levels.

17-16-222.17.1.4 Existing aquifer recharge rates and methodology used to calculate recharge to the aquifer from any recharge sources.

17-16-222.17.1.5 For aquifers to be used as part of a water storage system, methodology and results of tests used to determine the ability of the aquifer to impound groundwater and aquifer storage capacity.

17-16-222.17.1.6 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.

17-16-222.17.1.7 Existing groundwater quality and classification.

17-16-222.17.1.8 Location of all water wells potentially affected by the Project and their uses.

17-16-222.17.2 Description of the impacts and net effect of the Project on groundwater.

17-16-222.18 Water Quantity.

17-16-222.18.1 Map and/or description of existing stream flows and reservoir levels relevant to the Project.

17-16-222.18.2 Map and/or description of existing minimum stream flows held by the Colorado Water Conservation Board.

17-16-222.18.3 Descriptions of the impacts and net effect that the Project would have on water quantity.

17-16-222.18.4 Statement of methods for efficient utilization of water, including recycling and reuse.

17-16-222.19 Floodplains, Wetlands and Riparian Areas; Terrestrial and Aquatic Animals, Plant Life and Habitat. Applicant shall only provide description of foregoing natural conditions, animal and plant life at, but not to exceed, the level of detail required by other federal or state permits or reviews which are applicable to the Project.

17-16-222.20 Soils, Geologic Conditions and Natural Hazards.

17-16-222.20.1 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, all as relevant to the Project area.

17-16-222.20.2 Descriptions of the risks to the Project from natural hazards.

17-16-222.20.3 Descriptions of the impacts and net effect of the Project on soil and geologic conditions in the area.

17-16-222.21 Hazardous Materials.

17-16-222.21.1 Description of all solid waste, hazardous waste, petroleum products, 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 procedures to be implemented to avoid accidental release and exposure.

17-16-222.21.2 Location of storage areas designated for equipment, fuel, lubricants, and chemical and waste storage with an explanation of spill containment plans and structures.

17-16-222.22 Monitoring and Mitigation Plan.

17-16-222.22.1 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.

17-16-222.22.1.1 Describe how and when mitigation will be implemented and financed.

17-16-222.22.1.2 Describe impacts that are unavoidable that cannot be mitigated.

17-16-222.22.2 Description of methodology used to measure impacts of the Project and effectiveness of proposed mitigation measures.

17-16-222.22.3 Description, location and intervals of proposed monitoring to ensure that mitigation will be effective.

17-16-222.23 Additional Information. The Director may request that the applicant supply additional information related to the Project if the Director and/or the Permit Authority will not be able to make a determination on any one of the applicable Review Criteria without the additional information. Such additional information may include applicant's written responses to comments by a referral agency.

(Ord. No. 8691 §1, 1-13-14; Ord. No. 9296 §1, 6-11-18)

In the event a special use permit, rezoning, or other land use permit is required for a proposed activity which is also governed by these Regulations, review of the required permit under these Regulations may be combined with review of the other permit application pursuant to the following procedure:

(1)

The submission requirements for a special use permit, rezoning, or other land use permit as established by the Director may be combined with those for the relevant permit under these Regulations and duplication eliminated.

(2)

The Planning Commission hearing if required for a special use permit, rezoning, or other land use permit must precede the hearing before the City Council on the relevant permit under these Regulations.

(3)

In the event the special use permit, rezoning, or other land use permit is denied, the City Council shall not act upon the application for the relevant permit under these Regulations, in recognition of the fact that no permit under these Regulations may be issued if another required City permit is not obtained or is denied.

(4)

In the event the City approves the special use permit, rezoning, or other land use permit application, with or without conditions, the City Council then shall proceed to take action on the application for the relevant permit under these Regulations.

(5)

Subsequent to approval of a special use permit, rezoning, or other land use permit under this combined procedure, the permit holder shall, if required by the terms of the special use permit, rezoning, or other land use permit, apply for renewals of the same in the manner prescribed by the City's ordinances and regulations.

(Ord. No. 8691 §1, 1-13-14)

The Planning Department Director may, in his or her discretion refer any pre-application and/or permit application submittal to any outside review agency. Copies of any such referral agency comments received shall be promptly forwarded to the applicant for its response.

(Ord. No. 8691 §1, 1-13-14)

The City's Public Works Director, in consultation with the Planning Department Director, shall provide review and approval of documents accompanying applications for permits under these Regulations.

(Ord. No. 8691 §1, 1-13-14)

The City's Wastewater Director, in consultation with the Planning Department Director, shall provide review and approval of documents accompanying applications for permits under these Regulations for projects that entail potential impacts on water quality, wastewater facilities, or matters that affect the Areawide Water Quality Plan ("208 Plan").

(Ord. No. 8691 §1, 1-13-14)

After receipt of a completed application for a permit, the Planning Department Director shall set and publish notice(s) of the date, time and place for hearing(s) on said application and any required separate hearing on any requested waiver of submission requirements. The notice of the public hearing shall be published once in a newspaper of general circulation in the City, not less than thirty (30) nor more than sixty (60) days before the date set for hearing and shall also be given to other persons and entities in the same manner as set forth for the notice of a designation hearing in Section 17-16-122. On or before fifteen (15) days prior to the hearing, the applicant shall send a copy of the notice by U.S. Mail, first class postage prepaid, to all property owners adjacent to the real property to be occupied by the Project. The applicant shall also provide to the Director a list of such addressees accompanied by a certification that the notice was mailed to them.

(Ord. No. 8691 §1, 1-13-14)

17-16-231.1 The Permit Authority shall conduct the public hearing pursuant to the City Council's Legislative Procedures and Rules of Council in a manner affording procedural and substantive due process to the applicant, the general public, supporters of the project and any person who opposes issuance of the permit.

17-16-231.2 The Permit Authority shall hear testimony and receive evidence, including:

17-16-231.2.1 The recommendations of the City's Planning Commission and/or Zoning Board of Appeals, if any;

17-16-231.2.2 Relevant testimony and evidence from any and all persons or organizations desiring to appear and be heard, including City staff; and

17-16-231.2.3 Any relevant documents that may be offered into evidence.

17-16-231.3 The Planning Department shall collect and arrange for preservation of the following record of the public hearing:

17-16-231.3.1 The permit application;

17-16-231.3.2 A copy of the notice of the hearing, the certificate of publication of the notice of hearing, and a listing of all persons to whom the notice was mailed;

17-16-231.3.3 Any written statements or documents presented in support of or in opposition to the permit application;

17-16-231.3.4 The names and addresses of all persons who presented oral or written statements, appeared as witnesses, or offered documentary evidence;

17-16-231.3.5 Written minutes of the Permit Authority relating to the public hearing;

17-16-231.3.6 The resolution of the Permit Authority granting or denying the permit application; and

17-16-231.3.7 A copy of the permit, if issued.

17-16-231.4 In cases in which the development or activity must also obtain approvals under other City regulations, the permit hearing required by these Regulations may be held at the same time as the final hearing required for such applications.

(Ord. No. 8691 §1, 1-13-14)

17-16-232.1 If the Permit Authority finds that there is not sufficient information concerning any material feature of a proposed development or activity, it may deny the application or it may continue the hearing until the additional information has been received; however, no such continuance may exceed forty-five (45) days after such receipt unless agreed to by the applicant.

17-16-232.2 The Permit Authority shall approve an application for a permit to engage in development in an area of state interest or for the conduct of an activity of state interest if the proposed Project or activity complies with all of the provisions of these Regulations governing such area or activity. The Permit Authority may attach reasonable conditions to its approval to ensure compliance with these Regulations. If the proposed Project does not comply with these Regulations governing the area or activity, the permit shall be denied or may be approved with conditions.

17-16-232.3 The burden of proof shall be upon the applicant to show compliance with the provisions of these Regulations governing the area or activity of state interest involved.

17-16-232.4 The Permit Authority shall state, in writing, reasons for its decision on a permit application, and its findings and conclusions.

17-16-232.5 The Permit Authority shall reach a decision on a permit application within sixty (60) days after the completion of the permit hearing, or the permit shall be deemed approved.

(Ord. No. 8691 §1, 1-13-14)

If a person proposes to engage in a development in an area of state interest or to conduct an activity of state interest not previously designated, or for which regulations have not been adopted, and has submitted a land use application, in lieu of processing such application, the Permit Authority may decide to hold one hearing for determination of designation and regulation, as well as for granting or denying the permit. No permit that is granted at the conclusion of any such hearing shall be authority to engage in development or to conduct an activity until the designation and regulations are finally determined.

(Ord. No. 8691 §1, 1-13-14)

In addition to the review criteria listed at Sections 17-16-311, 17-16-411 and 17-16-511, all applications under these Regulations shall be evaluated against the following general considerations. The general considerations are in regular type and the actual criteria that the general considerations relate to are in bold type. Where terms such as "reasonable," "feasible" and "adequate" are used in the following criteria, the Permit Authority shall determine in each case what is or is not reasonable, feasible or adequate.

17-16-234.1 The health, welfare and safety of the citizens of this City will be protected and served.

17-16-234.2 The proposed activity is in general conformance with the City's Master Plan, Water Quality Management Plan, NPDES Permit, or other duly adopted plans of the City. The determination of conformance of the Project with these plans may include but is not limited to the following considerations:

17-16-234.2.1 Likelihood that the Project will/will not cause or contribute to urban sprawl or "leapfrog" development.

17-16-234.2.2 Significant changes in the amount of impervious surfaces.

17-16-234.2.3 Contiguity of development associated with the Project to existing growth centers.

17-16-234.2.4 Changes to unique land forms.

17-16-234.2.5 Changes in the amount or character of open space.

17-16-234.2.6 Changes to traffic patterns, road capacity and congestion.

17-16-234.3 The Project is financially feasible. The determination of financial feasibility of the Project may include but is not limited to the following considerations:

17-16-234.3.1 The business plan submitted by the applicant.

17-16-234.3.2 Relevant bond issue, loan and other financing approval or certifications (e.g.: approved bond issue; bond counsel opinion).

17-16-234.4 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:

17-16-234.4.1 Faults and fissures.

17-16-234.4.2 Unstable slopes including landslides, rock slides and avalanche areas.

17-16-234.4.3 Expansive or evaporative soils and risk of subsidence.

17-16-234.4.4 Wildfire hazard areas.

17-16-234.4.5 Floodplains.

17-16-234.5 The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide local infrastructure and 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:

17-16-234.5.1 Current and projected capacity of roads, schools, parks, infrastructure, drainage and/or stormwater infrastructure, housing, and other services necessary to accommodate development, and the impact of the Project upon the current and projected capacity.

17-16-234.5.2 Changes caused by the Project in the cost of providing education, transportation networks, water treatment and wastewater treatment, stormwater drainage, channel stabilization, bridges, emergency services, or other governmental services or facilities.

17-16-234.5.3 Need for temporary roads to access the Project for construction and maintenance.

17-16-234.5.4 Change in demand for public transportation.

17-16-234.6 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:

17-16-234.6.1 Changes to existing and projected visitor days.

17-16-234.6.2 Changes in quality and quantity of fisheries.

17-16-234.6.3 Changes in instream flows or reservoir levels.

17-16-234.6.4 Changes in access to recreational resources.

17-16-234.6.5 Changes to quality and quantity of hiking, biking, or horseback riding trails.

17-16-234.6.6 Changes to hunting experiences.

17-16-234.6.7 Changes to open space.

17-16-234.6.8 Changes to existing conservation easements.

17-16-234.6.9 Changes to regional or neighborhood parks.

17-16-234.7 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:

17-16-234.7.1 Applicable air quality standards.

17-16-234.8 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:

17-16-234.8.1 Visual changes to ground cover and vegetation, waterfalls and streams, or other natural features.

17-16-234.8.2 Interference with viewsheds and scenic vistas.

17-16-234.8.3 Changes in landscape character types of unique land formations.

17-16-234.8.4 Compatibility of structure size and color with scenic vistas and view sheds.

17-16-234.8.5 Changes to open space.

17-16-234.8.6 Changes to existing conservation easements.

17-16-234.8.7 Changes to impacts to regional or neighborhood parks.

17-16-234.9 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:

17-16-234.9.1 Changes to existing water quality, including patterns of water circulation, temperature, conditions of the substrate, extent and persistence of suspended particulates and clarity, odor, color or taste of water.

17-16-234.9.2 Applicable narrative and numeric water quality standards.

17-16-234.9.3 Changes in point and nonpoint source pollution loads.

17-16-234.9.4 Increase in erosion.

17-16-234.9.5 Changes in sediment loading to waterbodies.

17-16-234.9.6 Changes in stream channel or shoreline stability.

17-16-234.9.7 Changes in stormwater runoff flows.

17-16-234.9.8 Changes in trophic status or in eutrophication rates in streams, rivers, lakes and reservoirs.

17-16-234.9.9 Changes in the capacity or functioning of streams, lakes or reservoirs.

17-16-234.9.10 Changes to the topography, natural drainage patterns, soil morphology and productivity, soil erosion potential, and floodplains.

17-16-234.9.11 Changes to stream sedimentation, geomorphology, and channel stability.

17-16-234.9.12 Changes to lake and reservoir bank stability and sedimentation, and safety of existing reservoirs.

17-16-234.9.13 Changes to nutrient loadings including phosphorus, nitrogen and chlorophyll a in streams, rivers, lakes and reservoirs.

17-16-234.10 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:

17-16-234.10.1 Changes in aquifer recharge rates, groundwater levels and aquifer capacity including seepage losses through aquifer boundaries and at aquifer-stream interfaces.

17-16-234.10.2 Changes in capacity and function of wells within the impact area.

17-16-234.10.3 Changes in quality of well water within the impact area.

17-16-234.11 The Project will not significantly degrade wetlands and riparian areas, terrestrial or aquatic plant or animal life. The determination of effects of the Project on these areas shall include the considerations raised in the applicable federal and/or state permits.

17-16-234.12 The Project will not significantly deteriorate soils and geologic conditions. The determination of effects of the Project on soils and geologic conditions may include but is not limited to the following considerations:

17-16-234.12.1 Loss of topsoil due to wind or water forces

17-16-234.12.2 Changes in soil erodibility

17-16-234.12.3 Physical or chemical soil deterioration

17-16-234.12.4 Terrain deformation/ mass wasting/subsidence

17-16-234.12.5 Compacting, sealing and crusting

17-16-234.12.6 Waterlogging

17-16-234.12.7 Soil morphology and productivity

17-16-234.13 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: increase in odors, dust, fumes, glare, heat, noise, vibration or artificial light.

17-16-234.14 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:

17-16-234.14.1 Plans for compliance with federal and state handling, storage, disposal, and transportation requirements.

17-16-234.14.2 Use of waste minimization techniques.

17-16-234.14.3 Adequacy of spill prevention and response plans.

17-16-234.15 Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. The determination of potential for pollution of the aquifer recharge areas by the Project may include but is not limited to the following considerations:

17-16-234.15.1 Proximity of urban development and population densities to aquifer recharge areas.

17-16-234.15.2 Proximity of stormwater and sanitation systems to aquifer recharge areas.

17-16-234.15.3 Changes in water quality in the aquifer recharge areas.

17-16-234.16 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:

17-16-234.16.1 Relationship to reasonable growth projections and local land use plans.

17-16-234.16.2 Relationship to other providers' service areas.

17-16-234.16.3 Whether the Project is not in compliance with regulatory or technological requirements or will not be in compliance in the near future.

(Ord. No. 8691 §1, 1-13-14)

The permit shall be issued on the form adopted by the Permit Authority. An example permit is attached hereto as Exhibit C. The Permit Authority may attach any conditions to the permit to ensure that the requirements of these Regulations are continuously met. The Permit Authority may impose additional mitigation requirements and conditions on an applicant under the following procedure:

17-16-240.1 The Permit Authority shall make written findings that each such requirement and condition is necessary to ensure that the proposed project will not result in significant adverse net effects on the City and its residents.

17-16-240.2 The Permit Authority shall also find in writing that each such requirement and condition is necessitated by the proposed Project.

17-16-240.3 All such findings shall be based on material in the administrative record.

17-16-240.4 The Permit Authority shall base the additional requirements and conditions on applicable design standards as adopted by the City to the extent that such standards then exist.

(Ord. No. 8691 §1, 1-13-14)

The Permit may be issued for an indefinite term or for a specific period of time, depending upon the size and complexity of the Project. Periodic progress reports may be required to be submitted to demonstrate that the applicant is completing the development with reasonable diligence. If the applicant fails to take substantial steps to initiate the permitted Project within twelve (12) months from the date of the permit or such other time period specified in the permit, if such steps have been taken but the applicant has failed to complete the development with reasonable diligence, then the permit may be revoked or suspended in accordance with Section 17-16-247.

(Ord. No. 8691 §1, 1-13-14)

Permits issued under these Regulations may be renewed following the same procedure for approval of new permits. The City Council may impose additional conditions at the time of renewal if necessary to ensure that the Project will comply with these Regulations.

(Ord. No. 8691 §1, 1-13-14)

17-16-243.1 Any material change, as determined by the Director, in the construction, use, or operation of a Project from that approved by the Permit Authority shall require a permit amendment. The amendment shall be processed in accordance with and subject to the same procedures and requirements set forth herein for a new permit.

(Ord. No. 8691 §1, 1-13-14)

The provisions of these Regulations and any permits issued hereunder shall be administered, enforced, and inspected in accordance with the provisions of these Regulations.

(Ord. No. 8691 §1,1-13-14)

A Permit may be transferred unless a Permit condition requires consent of the Permit Authority. The Permit Authority must ensure, in approving any transfer, that the proposed transferee can and will comply with all the requirements, terms, and conditions contained in the Permit and these Regulations; that such requirements, terms, and conditions remain sufficient to protect the health, welfare, and safety of the public; and that an adequate guarantee of financial security can be made.

(Ord. No. 8691 §1, 1-13-14)

17-16-246.1 Before any permit is issued, the Permit Authority may in its discretion require the applicant to file a guarantee of financial security deemed adequate by the Permit Authority and payable to the City.

17-16-246.2 The security shall be signed by the applicant or permittee as principal and by a good and sufficient corporate surety licensed to do business in the State of Colorado, and it shall be made payable to the City. At the discretion of the Permit Authority, those persons holding any interest in the land on which the development or activity is to be conducted may also be required to join as principals.

17-16-246.3 The purpose of the financial security shall be to assure that all requirements of the permit for mitigation and site remediation are adequately guaranteed.

17-16-246.4 The amount of the financial security shall be established by the Permit Authority upon consideration of the following criteria:

17-16-246.4.1 The estimated cost of returning the site of the permitted development or activity to its original condition or to a condition acceptable to the Permit Authority in accordance with standards adopted by the Permit Authority for the matter of state interest for which the permit is being granted; and

17-16-246.4.2 The estimated cost of complying with the mitigation requirements of the Permit.

17-16-246.4.3 Other financial security provided by the applicant in connection with the same Project.

17-16-246.5 The estimated cost shall be based on the applicant's submitted cost estimate plus the Permit Authority's estimate of the additional cost to bring in personnel and equipment to accomplish any unperformed purposes of the financial guarantee. The Permit Authority shall consider the duration of the development or activity and compute a reasonable projection of cost increases due to inflation.

17-16-246.6 The Permit Authority may require that all or a portion of the amount of the financial guarantee shall be in cash deposited with the City Finance Director and placed in an interest-bearing account. Any interest earned shall be deemed additional security and returned to the applicant in the same manner as the original deposit.

17-16-246.7 The financial guarantee may be released only when:

17-16-246.7.1 The permit has been surrendered to the Permit Authority before commencement of any physical activity on the site of the permitted development or activity;

17-16-246.7.2 The development or activity has been abandoned and the site thereof has been returned to its original condition or to a condition acceptable to the Permit Authority in accordance with standards adopted by the Permit Authority for the matter of state interest for which the permit was granted; or

17-16-246.7.3 The mitigation requirements have been satisfactorily completed.

17-16-246.8 Any security may be cancelled or reduced by a surety only upon receipt of the Permit Authority's written consent which may be granted only when such cancellation or reduction will not detract from the purposes of the security.

17-16-246.9 If the license to do business in Colorado of any surety upon a security filed pursuant to these Regulations is suspended or revoked by any state or federal authority, then the applicant or permittee, within ten (10) days after receiving notice thereof, shall substitute a good and sufficient surety licensed to do business in the State. Upon failure of the permittee to make substitution of surety within the time allowed, the Permit Authority shall suspend the permit until proper substitution has been made.

17-16-246.10 If the Permit Authority determines that a financial guarantee should be forfeited because of any violation of the permit, it shall provide written notice to the surety and to 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.

17-16-246.11 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 statements, documents, and other information with respect to the alleged violation. At the conclusion of the hearing, the Permit Authority shall either withdraw the notice of violation or enter an order forfeiting the financial guarantee.

17-16-246.12 The cash deposit described above may be used by the Permit Authority 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 obligations of the permit holder. The Permit Authority may arrange with a lending institution which provides money for the permit holder that said institution may hold in escrow any funds required for said cash deposit. Funds shall be disbursed out of escrow by the lending institution to the City upon the Permit Authority's demand for the purposes specified in this Section.

17-16-246.13 If the forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the City Attorney is hereby authorized to take such steps as deemed proper to recover such costs, including, without limitation, perfecting a lien upon any real property in the State owned by the permittee, by certifying such costs to the appropriate County Treasurer for collection in the same manner as real property taxes or by civil action.

17-16-246.14 Upon request, the Permit Authority may, in its sole and exclusive discretion, waive all or any portion of the financial security requirements.

17-16-246.15 With respect to security required for an Administrative Approval under Section 17-16-212, the Director shall exercise all of the powers and functions as described herein for the Permit Authority.

17-16-246.16 The City Attorney shall be required to approve the form of security presented.

(Ord. No. 8691 §1, 1-13-14)

17-16-247.1 In the event the Director has reason to believe that the condition imposed on the Permit has been violated by the holder of the Permit, the Director may temporarily suspend the Permit for a period of thirty (30) days. Before imposing such a temporary suspension, the Director shall give the permittee written notice of the specific violation and shall allow the permit holder a period of at least ten (10) days to correct the violation. If the permittee does not concur that there is a violation, the permittee shall, within ten (10) days of the date of such notice, demonstrate to the Director why temporary suspension should not be ordered. Within ten (10) days thereafter, the Director shall make a decision, as follows:

17-16-247.1.1 If the Director determines there is no permit violation, the matter is closed and the permit remains in effect.

17-16-247.1.2 If the Director finds a violation exists, the permit shall be suspended for thirty (30) days. During such period, the applicant shall either:

17-16-247.1.2.1 Correct the violation;

17-16-247.1.2.2 Request an extension of time to correct the violation, or

17-16-247.1.2.3 Request a show cause hearing before the Permit Authority, which shall be conducted in substantially the manner set forth in Section 17-16-231.

17-16-247.1.3 The Director may extend the time period for the correction of a violation upon the request of the Permittee.

17-16-247.2 In lieu of, or subsequent to a temporary suspension, the Permit Authority may permanently revoke or suspend the Permit after conducting a public hearing in substantially the same manner and after substantially the same notice as for permit hearings (Sections 17-16-230 through 17-16-232), and if it finds:

17-16-247.2.1 A violation of any provision or condition of approval of the Permit or applicable regulation for administration of the matter of state interest concerned; or

17-16-247.2.2 The permittee has failed to take substantial steps to initiate the permitted development or activity within twelve (12) months from the date of the Permit, or, if such steps have been taken, the permittee has failed to complete the development or activity or any condition of permit approval with reasonable diligence. "Substantial steps" do not require construction activity and may include, among other things, legal or administrative proceedings and activities directly associated with the permittee's project. An extension of the time within which substantial steps to initiate the permitted development or activity need be taken may be granted by the Permit Authority upon the request of the applicant and a showing of good cause therefore.

17-16-247.2.3 Upon good cause shown, any revoked or suspended permit may be reinstated by the Permit Authority, within twelve (12) months after revocation or suspension.

(Ord. No. 8691 §1, 1-13-14)

17-16-248.1 Within thirty (30) days prior to each annual anniversary date of the granting of a Permit the permittee shall submit a report to the Planning Department containing a summary of past activities conducted by the permittee pursuant to the permit including a satisfactory showing that the permittee has complied with all conditions of the permit and applicable regulations. The permittee need not inform the Permit Authority of activities, such as operational changes, which are not the subject of a permit condition.

17-16-248.2 The Planning Department Director shall review the report set forth in Section 17-16-248.1 within thirty (30) days from the date of submittal thereof. If the Planning Department Director determines that the permittee has or is likely to have violated the provisions of the Permit and/or applicable regulations, he/she shall schedule the matter for public hearing by the Permit Authority. If the Permit Authority determines at the public hearing that the permittee has violated the provisions of the Permit and/or applicable regulations, the Permit Authority may suspend and/or revoke the Permit in accordance with Section 17-16-247.

17-16-248.3 Upon notice to the Permit Authority of the fulfillment of all permit conditions, and the Permit Authority's concurrence therein, the Permit Authority shall terminate any annual review requirements.

17-16-248.4 The Permit Authority may waive or modify the annual review requirements upon petition of the permittee and a showing of good cause therefor.

17-16-248.5 With respect to Administrative Approval under Section 17-16-212, the Director shall perform the functions of the Permit Authority described herein.

(Ord. No. 8691 §1, 1-13-14)

17-16-250.1 Any person engaging in development in a designated area of a state interest or conducting a designated activity of state interest who does not obtain a Permit pursuant to these Regulations, who does not comply with Permit requirements, who acts outside the authority of an issued Permit, or who exceeds the permission granted in an issued permit has thereby acted unlawfully.

17-16-250.2 All unlawful acts pursuant to these Regulations may be referred to the Office of the City Attorney, who may commence enforcement procedures for the institution of an injunction, mandamus, abatement, or other appropriate action to prevent, enjoin, abate, or remove a violation of these Regulations to prevent a person from engaging in unlawful development or conducting an unlawful activity or to otherwise restore the premises to the condition that existed before the violation. The Permittee may be further subject to such other criminal or civil liability as may be prescribed by law.

(Ord. No. 8691 §1, 1-13-14)

Where interpretation is needed as to the exact location of the boundary of any designated area and where there appears to be a conflict between a mapped boundary and actual field conditions, the Director shall make the necessary determination of the boundary. Any person contesting the location of the boundary shall be given an opportunity to appeal the decision to the Permit Authority. Any such appeal must be filed in writing with the Director within thirty (30) days of the date of the determination of boundary; otherwise, the determination of the Director will be final.

(Ord. No. 8691 §1, 1-13-14)

17-16-252.1 The Planning Department Director is hereby empowered and directed to inspect and examine the use, occupation or development in each and every area or conduct of any activity subject to these Regulations for the purpose of determining from time to time whether or not any use, occupation, development or activity is in violation of any of the provisions of these Regulations or of any permit issued or required pursuant to these or other applicable regulations.

If a violation shall be found to exist, the Planning Director shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable regulations, provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in these Regulations; and provided further, that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of these Regulations or other applicable regulations of the City or the State of Colorado.

(Ord. No. 8691 §1, 1-13-14)

17-16-253.1 Within ten (10) days following commencement of revocation or suspension of permit proceedings pursuant to Section 17-16-247 or the commencement of enforcement proceedings pursuant to Section 17-16-250, the Planning Department shall determine and set an estimated fee in an amount necessary to cover the costs to be incurred in the review and action upon the permit revocation or suspension or the enforcement proceedings, including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the Planning Department deems necessary to advise it in such proceedings and all hearings conducted therefor, and shall notify the permittee in writing of the fee. Not later than ten (10) days following receipt of such notice, the permittee shall present to the Planning Department cash, or a cashier's or certified check in the amount set. If the enforcement fee is not paid to the Planning Department in a timely manner, the permit shall be suspended. The Planning Department will determine the final fee at the conclusion of the revocation or suspension hearing or enforcement proceedings, which fee must be paid by the permittee before the permit is reinstated.

17-16-253.2 The actual costs incurred by the City to enforce and/or revoke or suspend the permit shall be deducted from the enforcement fee. The Planning Department shall keep an accurate record of the actual time and other costs required for enforcing and/or revoking or suspending the permit. If the balance of the enforcement fee falls below a minimum balance established by the Planning Department, additional billings shall be made to the permittee commensurate with the additional costs incurred by the City. The City may suspend the permit pending receipt of additional installments. Any portion of the enforcement fee which is not necessary to cover the cost of enforcing and/or revoking or suspending the permit will be reimbursed to the permittee at the conclusion of all actions necessary to enforce and/or revoke or suspend the permit. The failure on the part of the permittee to timely pay all enforcement fees and costs shall be grounds for revocation of any permit issued pursuant to these Regulations. Any proceeding to revoke a permit shall follow the procedures set forth in Section 17-16-247.

17-16-253.3 The Planning Department Director reserves the right to waive all or a portion of the enforcement fees and costs imposed by this Section if determined to be reasonably justified by the Director.

(Ord. No. 8691 §1, 1-13-14)

The "Efficient Utilization of Municipal and Industrial Water Projects" is a designated matter of state and local interest in the City as an activity of state interest. No person may engage in development, including construction, expansion, reoperation, or other significant change in use of a municipal and/or industrial water project wholly or partially within the City limits without first obtaining a permit pursuant to these Regulations.

(Ord. No. 8691 §1, 1-13-14)

The purpose and intent of this Chapter shall be:

17-16-302.1 To protect the public health, safety, convenience, order, property and welfare of present and future inhabitants of City of Pueblo.

17-16-302.2 To ensure planned, orderly, efficient and economical land use development.

17-16-302.3 To provide for the needs of agriculture, existing businesses, residential communities, and recreation now and in the future in the City and adjacent communities which are integral to the economy of the City.

17-16-302.4 To ensure that municipal and industrial water projects are located to avoid conflict with the City's land use plans.

17-16-302.5 To regulate municipal and industrial water projects that could cause extensive water and air pollution or that would otherwise degrade or threaten environmental quality within the City or the beauty of its landscape and the integrity of its waterways, rivers and creeks.

17-16-302.6 To ensure that municipal and industrial water projects emphasize the most efficient use of water, including to the extent permissible under existing law, and when appropriate, the recycling, reuse, and conservation of water.

17-16-302.7 To ensure that new municipal and industrial water be concentrated in areas which would result in the proper utilization of existing treatment plants and the orderly distribution of water and sewage systems of adjacent communities.

17-16-302.8 To ensure that major extensions of municipal and industrial water systems be permitted only in areas in which the anticipated growth and development that may occur as a result of such extensions can be accomplished within the financial and environmental capacity of the area to sustain such growth and development.

17-16-302.9 To protect lands from development which would cause immediate or foreseeable material danger to significant wildlife habitat or threaten or endanger a wildlife species.

17-16-302.10 To preserve areas of historical and archaeological importance.

17-16-302.11 To regulate location of activities and developments which may result in significant changes in population density.

17-16-302.12 To provide for planned development of services and facilities.

17-16-302.13 To regulate use of land and water resources on the basis of impact thereof on the community or surrounding areas, including existing and proposed development.

17-16-302.14 To provide planned and orderly use of land and water resources and protection of the environment in a manner consistent with constitutional rights and private property rights.

17-16-302.15 To ensure that new development will pay for itself to the maximum extent practicable and to ensure that the present residents of the City will not have to unduly subsidize new development through increased cost of public services or degradation of the quality of life.

(Ord. No. 8691 §1, 1-13-14)

17-16-303.1 Efficient utilization of water: The employment of methods, procedures, techniques and controls to encourage use of water that will yield the greatest possible benefits including social, economic, environmental, aesthetic, agricultural, commercial and recreational benefits, and that will promote, where feasible and appropriate, the conservation of water in particular uses, and that emphasizes, to the extent permissible under law, the recycling and reuse of water.

17-16-303.2 Industrial: Any development of natural resources, business or trade, commercial activity, processing, fabrication, alteration or manufacture of raw or semi-processed materials, manufactured goods or any components thereof, and commercial feedlots. "Industrial" includes the provision of water directly or indirectly by a private entity or individual for domestic, municipal or industrial uses. "Industrial" does not include agricultural crop production or livestock watering.

17-16-303.3 Municipal and industrial water project: A water supply system and all related components through which a water supply from either surface or subsurface, alluvial or groundwater, renewable or non-renewable sources is derived for municipal or industrial uses or both. A water supply system includes wells, diversion facilities, pumps, conduits, canals, pipes, ditches, storage tanks, reservoirs or other impoundments, through which a water supply is obtained directly or by trade, substitution, augmentation or exchange, and also includes those components for returning unconsumed flows back to the stream system. The filing of an application in court or with the Colorado Ground Water Commission to adjudicate the use of water and obtaining a decree or determination, in and of itself, shall not constitute the development of a water project.

17-16-303.4 Municipal use: use of water by the general public whether supplied by a municipality or by private or special district providers.

17-16-303.5 Project or proposed project: The site selection, construction, development, operation, reoperation, enlargement or expansion, conversion of an existing facility or structure to a municipal or industrial use, or material change of a development proposed under these Regulations throughout its life cycle including all ancillary structures, facilities, improvements, and activities, and all integrated components thereof. If a project is to be phased over time or is composed of distinguishable elements, the impacts of all phases or elements of the Project must be considered together when reviewing the project hereunder and determining if it satisfies these Regulations.

17-16-303.6 Recycling: the treatment of wastewater in a manner that will replenish its quality to the standard established by the Colorado Department of Public Health and Environment where permissible by Colorado water law.

17-16-303.7 Source development area: a geographic area or region wholly or partially within the incorporated territory of the City which will be developed, altered, or affected in connection with the development of a municipal or industrial water project.

(Ord. No. 8691 §1, 1-13-14)

(1)

Sections 17-16-301 through 17-16-311 apply to development of municipal and industrial water projects, wholly or partially within the City.

(2)

A municipal or industrial water project is exempt from these Regulations if it falls within one of the following categories:

17-16-304.1.1 The maintenance, repair, replacement of an existing component or facility of a Project if it does not constitute a material change, does not cause negative impacts different from the existing Project, and does not otherwise exacerbate existing impacts.

17-16-304.1.2 Replacement of an existing water diversion or storage structure without change in the point of diversion, type or place of use of the water, or yield.

17-16-304.1.3 Irrigation facilities used for agricultural purposes.

17-16-304.1.4 A proposed municipal water project with a new or increased diversion per year, or new or increased storage capacity, of less than 500 acre-feet.

17-16-304.1.5 A proposed industrial water project with a new or increased diversion per year, or a new or increased storage capacity, of less than 500 acre-feet.

17-16-304.1.6 Consistent with Article 15 of the City Charter, any system, extension or project proposed by the Board of Water Works.

(Ord. No. 8691 §1, 1-13-14)

In addition to the materials listed at Section 17-16-222, application for a permit to conduct a new municipal or industrial water project shall be accompanied by the following information in the number of copies required by the Director:

17-16-310.1 Description of efficient water use, recycling and reuse technology the Project intends to use. Such description shall include estimated stream transit losses of water, reservoir evaporation losses, and power and energy requirements of the Project and alternatives to the Project.

17-16-310.2 Map and description of other municipal and industrial water projects and providers in the vicinity of the Project, including their capacity and existing service levels, location of intake and discharge points, service fees and rates, debt structure and service plan boundaries and reasons for and against hooking on to those facilities.

17-16-310.3 Description of the water to be used by the Project and to the extent identified by the Director in consultation with the applicant, alternatives, including: the source, amount, the quality of such water; the applicant's right to use the water, including adjudicated decrees or determinations and any substitute water supply plans, and applications for decrees or determinations; proposed points of diversion and changes in the points of diversion; the existing uses of the water; adequate proof that adequate water resources have been or can and will be committed to and retained for the Project, and that applicant can and will supply the Project with water of adequate quality, quantity, and dependability; and approval by the respective Designated Ground Water Management District if applicable. If an augmentation or replacement plan for the Project has been decreed or determined or an application for such plan has been filed in the court or with the Ground Water Commission, the applicant must submit a copy of that plan or application.

17-16-310.4 Loss of Agricultural Productivity

17-16-310.4.1 Information on any agricultural water rights in the region converted to provide water for the Project, at the time of the application and in the future.

17-16-310.4.2 Information on the amount of irrigated agricultural lands taken out of production, and a description of revegetation plans.

17-16-310.4.3 Economic consequences of any loss of irrigated agriculture, including loss of tax base, in the region.

17-16-310.4.4 Information as to loss of wildlife habitat, loss of topsoil, or noxious weed invasion, as a result of the transfer of water rights and subsequent dry-up of lands.

17-16-310.4.5 Information on impacts to agricultural head gates and water delivery systems.

(Ord. No. 8691 §1, 1-13-14)

A Permit to conduct the designated activity of a municipal or industrial water project shall be approved if the Permit Authority finds the application complies with the following criteria and the relevant criteria at Section 17-16-234. If the Permit Authority finds the application does not comply with any one or more of these criteria, the application shall be denied or may be approved with conditions.

17-16-311.1 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:

17-16-311.1.1 Whether the Project uses readily available conservation techniques.

17-16-311.1.2 Whether the Project recycles water to the extent allowed by law.

(Ord. No. 8691 §1, 1-13-14)

Any activity wholly or partially within the incorporated territory of the City which falls within one or more of the following categories shall be considered to be site selection and construction of major new domestic water and sewage treatment systems and/or major extension of existing domestic water and sewage treatment systems, which activities are hereby designated as activities of state interest requiring a permit under these Regulations. No person may engage in construction, expansion, reoperation or other significant change in use of the following activities wholly or partially within the incorporated city limits of the City without first obtaining a permit pursuant to these Regulations.

17-16-401.1 New water supply systems, new water treatment plants, or extensions of those systems or plants including water storage tanks, and line extensions that serve more than 250 single-family equivalents.

17-16-401.2 Water service for commercial and/or industrial use equal to or greater than an amount equivalent to that in Section 17-16-401.1 above.

17-16-401.3 Domestic Sewage Systems. A project which is planned for or requires the creation of a major new sewage treatment system(s) or a major extension(s) of an existing sewage treatment system(s), which means any new collector sewer lines, return flow lines, pumping structure or treatment facilities proposed for:

17-16-401.3.1 New wastewater treatment plants, extensions or expansions to existing plants, or individual sewage disposal systems (on-site wastewater treatment systems) that have an average flow of more than 1,000 gallons per day;

17-16-401.3.2 Wastewater lift stations that pump wastewater from areas too low to drain into available sewers receiving an average flow of more than 1,000 gallons per day;

17-16-401.3.3 Wastewater interceptors, as defined at Section 17-16-403.3;

17-16-401.3.4 Service for commercial and/or industrial use that serves an equivalent of more than 250 single-family equivalents, and that is not served at the time of permit application.

17-16-401.4 This designation does not include extensions of water or sewer lines for which construction plans have been or are subject to approval as part of a subdivision development under the City's ordinances and regulations.

(Ord. No. 8691 §1, 1-13-14)

The purpose and intent of these Regulations shall be:

17-16-402.1 To ensure that new domestic water and sewage treatment systems and/or major extensions of the same are constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage systems of adjacent communities.

17-16-402.2 To ensure that site selection and construction of major new domestic water and sewage treatment systems and/or major extensions of the same are conducted in such a manner as to minimize environmental impacts associated with such development.

17-16-402.3 To ensure that site selection and construction of major new domestic water and sewage treatment systems and/or major extensions of the same are planned and developed in a manner so as not to impose an undue economic burden on existing or proposed communities.

17-16-402.4 To ensure that the impacts to City roads of site selection and construction of major new domestic water and sewage treatment systems and/or major extensions of the same are adequately mitigated.

(Ord. No. 8691 §1, 1-13-14)

For the purpose Sections 17-16-401 through 17-16-411 of these Regulations, the following definitions will apply:

17-16-403.1 Collector sewer line means a sewage treatment system's pipe, conduit, ditch, natural water course, or combination thereof which is designed to accept and transport wastewater from privately owned service lines from individual structures and properties to the system's treatment plant. A collector sewer line for the purpose of this regulation includes common lateral sewers and interceptor sewers. Not included in this definition are privately owned individual on- site sewage disposal system lines and privately owned service lines.

17-16-403.2 Domestic water and sewage treatment system means a wastewater treatment plant, water treatment plant, or water supply system, including systems whose service area is, or will be, outside the incorporated area of the City.

17-16-403.3 Interceptor means a waste water interceptor sewer with an internal pipe diameter of equal to or greater than 24 inches intercepting wastewater from a final point in a collection system and conveying the waste directly to a treatment plant, or meeting other requirements of the CDPHE to be classified as an interceptor.

17-16-403.4 Return flow means a sewage treatment system's pipe, conduit, ditch, natural water course, or combination thereof, which is designed to transport wastewater, commonly known as effluent, from the system's treatment plant to a point of discharge. A point of discharge includes a natural water course, ditch, groundwater recharge area, injection well, evaporation basin, or water supply system's transmission line.

17-16-403.5 Wastewater treatment plant means the facility or group of units used for treatment of wastewater from sewer systems and for the reduction and handling of solids and gases removed from such wastes.

17-16-403.6 Water distribution line means a water supply system's pipe, conduit, ditch, natural water course, or combination thereof which is designed to transport water of a potable or non- potable quality, commonly referred to as treated or raw water, and having the characteristic that it allows customer service taps.

17-16-403.7 Water supply system means the system of pipes, structures and facilities through which a water supply is obtained, treated and sold or distributed for human consumption or household use, including systems whose service area is, or will be, outside the incorporated area of the City.

17-16-403.8 Water transmission line means a water supply system's pipe, conduit, ditch, natural water course, or combination thereof which is designed to transport water of a potable or non-potable quality, commonly referred to as treated or raw water, and having the characteristic that it does not allow customer service tap.

17-16-403.9 Water treatment plant means the facility or facilities within the water supply system, which can alter the physical, chemical or bacteriological quality of the water.

(Ord. No. 8691 §1, 1-13-14)

These Regulations shall apply to the site selection for all major new domestic water and sewage treatment systems and the construction thereof as described at Section 17-16-401 and defined at Section 17-16-403. They shall also apply to the expansion or major extension of existing domestic water or sewage treatment systems.

(Ord. No. 8691 §1, 1-13-14)

In addition to the materials listed at Section 17-16-234, applications for a permit to locate or construct a major new domestic water or sewage treatment system and/or major extension thereof shall be accompanied by the following information, in the number of copies required by the Director:

17-16-410.1 Preliminary review and comment on the proposal by the appropriate agency of the Colorado Department of Natural Resources and the Colorado Department of Public Health and Environment within sixty (60) days of the date of submittal of the proposal for review.

17-16-410.2 Scope of Proposal

17-16-410.2.1 Provide detailed plans of the proposal, including proposed system capacity and service area plans mapped at a scale acceptable to the City's Planning Department.

17-16-410.2.2 Provide a description of all existing or approved proposed domestic water or sewage treatment systems within the Project area.

17-16-410.2.3 Describe the design capacity of each domestic water or sewage treatment system facility proposed and the distribution or collection network proposed in the Project area.

17-16-410.2.4 Describe the excess capacity of each treatment system and distribution or collection network in the affected community or Project area.

17-16-410.2.5 Provide an inventory of total commitments already made for current water or sewage services.

17-16-410.2.6 Describe the operational efficiency of each existing system in the Project area, including the age, state of repair and level of treatment.

17-16-410.2.7 Describe the existing water utilization, including the historic yield from rights and use by category such as agricultural, municipal and industrial supply obligations to other systems.

17-16-410.3 Demonstration of Need

17-16-410.3.1 Provide population trends for the Project area, including present population, population growth and growth rates, documenting the sources used.

17-16-410.3.2 Specify the predominant types of developments to be served by the proposed new water and/or sewage systems or extensions thereof.

17-16-410.3.3 Specify at what percentage of the design capacity the current system is now operating:

17-16-410.3.3.1 Water treatment system.

17-16-410.3.3.2 Wastewater treatment system.

17-16-410.3.4 Specify whether present facilities can be upgraded to accommodate adequately the ten-year projected increase needed in treatment and/or hydraulic capacity.

17-16-410.4 Description of the water to be used by the Project and, to the extent identified by the Director in consultation with the applicant, alternatives, including: the source, amount, the quality of such water; the applicant's right to use the water, including adjudicated decrees or determinations and any substitute water supply plans, and applications for decrees or determinations; proposed points of diversion and changes in the points of diversion; the existing uses of the water; adequate proof that adequate water resources have been or can and will be committed to and retained for the Project, and that applicant can and will supply the Project with water of adequate quality, quantity, and dependability; and approval by the respective Designated Ground Water Management District if applicable. If an augmentation or replacement plan for the Project has been decreed or determined or an application for such plan has been filed in the court or with the Ground Water Commission, the applicant must submit a copy of that plan or application.

17-16-410.5 Loss of Agricultural Productivity

17-16-410.5.1 Information on any agricultural water rights in the region converted to provide water for the Project, at the time of the application and in the future.

17-16-410.5.2 Information on the amount of irrigated agricultural lands taken out of production, and a description of revegetation plans.

17-16-410.5.3 Economic consequences of any loss of irrigated agriculture, including loss of tax base, in the region.

17-16-410.5.4 Information as to loss of wildlife habitat, loss of topsoil, or noxious weed invasion, as a result of the transfer of water rights and subsequent dry-up of lands.

17-16-410.5.5 Information on impacts to agricultural head gates and water delivery systems.

17-16-410.6 The financial impact analysis of site selection and construction of major new water and sewage treatment facilities and/or major extension of existing domestic water and sewage treatment systems shall include but need not be limited to the following items:

17-16-410.6.1 A review and summary of any existing engineering and/or financial feasibility studies, assessed taxable property valuations and all other matters of financial aid and resources in determining the feasibility of the proposed new facility, including:

17-16-410.6.1.1 Service area and/ or boundaries.

17-16-410.6.1.2 Applicable methods of transmitting, storing, treating and delivering water and collecting, transmitting, treating and discharging sewage, including effluent and/or sludge disposal.

17-16-410.6.1.3 Estimated construction costs and period of construction of each new or extension facility component.

17-16-410.6.1.4 Assessed valuation of the property to be included within the service area boundaries.

17-16-410.6.1.5 Revenues and operating expenses of the proposed new or extension facility, including but not limited to historical and estimated property taxation, service charges and rates, assessments, connection and tap fees, standby charges and all other anticipated revenues of the proposed new facility.

17-16-410.6.1.6 Amount and security of the proposed debt and method and estimated cost of debt service.

17-16-410.6.1.7 Provide the details of any substantial contract or agreement for revenues or for services to be paid, furnished or used by or with any person, association, corporation or governmental body.

(Ord. No. 8691 §1, 1-13-14)

A permit for the conduct of site selection and construction of major new domestic water and sewage treatment systems and/or major extension of existing domestic water and sewage treatment systems shall be approved if the application complies with the following criteria and the relevant criteria at Section 17-16-234. If the Permit Authority finds that the application does not comply, the application shall be denied or may be approved with conditions:

17-16-411.1 There is sufficient existing and projected need to warrant and support the proposed Project.

17-16-411.2 New domestic water and sewage treatment systems or extensions 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.

17-16-411.3 Site selection and construction of major new water and sewage treatment facilities and/or major extensions of domestic water and sewage treatment systems will not create growth and development which is incompatible with and cannot be accommodated by the local financial capacity of the area or residents to be served.

17-16-411.4 Site selection and construction of major new water and sewage treatment facilities and/or major extensions of domestic sewage treatment systems will not overburden the existing systems and current and projected future demand for the service can be met within existing and proposed capacity.

17-16-411.5 The activity will not create proliferation of special districts, or overlapping of the boundaries of special districts.

17-16-411.6 The proposed activity is the best alternative available for the provision of water and/or sewer service to the geographical area affected by the proposal.

17-16-411.7 Economic impacts including, but not limited to, taxable property, agriculture, NPDES permitted facilities, and recreation related to the proposed activity have been identified and will be compensated for or mitigated.

17-16-411.8 To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. The determination of whether consolidation is feasible shall include but is not limited to the following considerations:

17-16-411.8.1 Whether there is an opportunity for consolidation.

17-16-411.8.2 The environmental and financial feasibility of consolidation.

17-16-411.9 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:

17-16-411.9.1 Whether the Project uses readily available conservation techniques.

17-16-411.9.2 Whether the Project recycles water to the greatest extent allowed by law.

17-16-411.10 The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. The determination of whether the Project will result in excess capacity or create duplicate services may include but is not limited to the following considerations:

17-16-411.10.1 Whether the Project creates overlapping or competing service areas.

17-16-411.10.2 Whether the Project differs significantly from the water or wastewater treatment provider's facility plan.

17-16-411.10.3 Whether the Project impacts other water and wastewater permits.

17-16-411.10.4 Whether the activity will not create proliferation of special districts, or overlapping of the boundaries of special districts.

(Ord. No. 8691 §1, 1-13-14)

17-16-501.1 The following activity of state interest is hereby designated: site selection and construction of major facilities of a public utility. No person may engage in development, including construction, expansion, reoperation, relocation or other significant change in use of such activity wholly or partially within the incorporated territory of the City without first obtaining a permit pursuant to these Regulations.

17-16-501.2 The issuance of a permit for this activity is contingent upon the subsequent approval of the major facility by the Public Utilities Commission, Colorado Department of Public Health and Environment, U.S. Environmental Protection Agency, or other regulatory agencies, where required by appropriate statute or regulation.

(Ord. No. 8691 §1, 1-13-14)

The purpose and intent of Sections 17-16-501 through 17-16-511 of these Regulations are:

17-16-502.1 To regulate the site selection and construction of major facilities of a public utility to prevent significant deterioration or degradation of existing air and water quality in the City;

17-16-502.2 To avoid or reduce conflicts with the City's Master Plan;

17-16-502.3 To regulate the site selection and construction of major facilities of a public utility to preserve the health and welfare of the citizens of the City; and

17-16-502.4 To avoid or reduce incompatible uses adjacent to City roads and City trails and to avoid unreasonable or burdensome expenditure of public resources by minimizing impacts by public utilities to said City roads and City trails.

(Ord. No. 8691 §1, 1-13-14)

For the purposes of Sections 17-16-501 through 17-16-511 of these Regulations, the following definitions shall apply:

17-16-503.1 Appurtenant facilities means any building, structure or other property which is incidental to, or customarily found in connection with, major facilities of public utilities which are operated and maintained for the benefit or convenience of the occupants, employees, customers or visitors of such major facilities.

17-16-503.2 Major facilities of a public utility means transmission lines, power plants, substations, pipelines, and storage areas of utilities as herein separately defined.

17-16-503.3 Pipeline means any pipeline and appurtenant facilities thereto, designed for, or capable of, transporting natural gas, manufactured gas, or other petroleum derivatives.

17-16-503.4 Power plant means any of the following:

17-16-503.4.1 Any fossil fuel, biofuel, or similar electrical energy generating facility or addition thereto with a generating capacity of forty (40) megawatts or more, and any appurtenant facilities.

17-16-503.4.2 Any solar or wind electrical energy generating facility or addition thereto with a generating capacity in excess of five hundred (500) kilowatts, and any appurtenant facilities.

17-16-503.4.3 Any nuclear or hydropower electrical generating facility of five hundred (500) kilowatts or more.

17-16-503.5 Public utilities mean those utilities as defined by Section 39-4-101 and Section 40-1-103, C.R.S.

17-16-503.6 Storage area means any facility, including appurtenant facilities, designed to store eighty million (80,000,000) cubic feet or more of natural or manufactured gas, or thirty-five thousand (35,000) barrels or more of petroleum derivatives, or any expansion or series of expansions of an existing storage facility to accommodate eighty million (80,000,000) cubic feet or more of natural or manufactured gas, or thirty-five thousand (35,000) barrels or more of petroleum derivatives.

17-16-503.7 Site selection and construction means and includes the initial site selection and construction of a facility as well as any subsequent relocation, reconstruction or upgrade of such facility.

17-16-503.8 Substation means any facility designed to provide switching, voltage transmission, or voltage control required for the transmission of electricity at one hundred fifteen (115) kilovolts or more, but does not have as a primary purpose the transformation of voltage to fifty (50) kilovolts or less for distribution purposes.

17-16-503.9 Transmission line means any electric transmission line that has a voltage of 115 kilovolts or more and appurtenant facilities used to transmit electricity.

(Ord. No. 8691 §1, 1-13-14)

17-16-504.1 These Regulations shall apply to the site selection and construction of all major facilities of a public utility wholly or partially within the incorporated territory of the City.

17-16-504.2 No electric transmission line or pipeline shall be constructed, located, relocated, reconstructed, enlarged or upgraded prior to receiving the written approval of the Director and the City's Director of Public Works as to location and alignment, except to cross such road at or near a perpendicular angle or to provide service to an individual utility customer.

17-16-504.3 A Permit is not required under these Regulations for the following activities: repair of storm damage, reframing, pole replacement, re-conductor and maintenance in the normal course of business without increasing the voltage rating of the transmission line, or reconstructing, upgrading or replacing substation equipment inside an existing substation or within an existing substation fence.

17-16-504.4 A permit under these Regulations is required to construct, locate, relocate, reconstruct, enlarge or upgrade any electric transmission line and appurtenant facilities used to transmit electricity at 115 kilovolts or more at any location within the incorporated area of the City.

17-16-504.5 A permit under these Regulations is required to construct, locate, relocate, reconstruct, enlarge or upgrade any pipeline and appurtenant facilities of twelve (12) inches or more in diameter which creates a hoop stress of twenty (20) percent or more at their specified minimum yield strength.

17-16-504.6 These Regulations shall not apply to interstate natural gas pipeline facilities regulated preemptorily by the Federal Energy Regulatory Commission (FERC), or its successor, provided the following requirements and procedures are complied with by persons or entities proposing to site and construct the interstate natural gas pipeline facility whenever site selection and construction of such facility will be partly located within the city limits of the City.

17-16-504.7 The requirements of these Regulations shall not be deemed to waive the requirements of Section 40-5-101, et seq., C.R.S., if applicable, that a public utility obtain a certificate of public convenience and necessity.

(Ord. No. 8691 §1, 1-13-14)

Notwithstanding Section 17-16-211 and Section 17-16-230 through Section 17-16-232 of these Regulations, the Director shall notify the applicant of any additional information required to render an application for an Administrative Approval or a Permit complete within 28 days of initial submittal of the complete application, and the Director and the Permit Authority, as appropriate, shall take final action on the application within 90 days of the date a complete application is received.

(Ord. No. 8691 §1, 1-13-14)

In addition to the materials listed at Section 17-16-222, all applications to locate or construct a major facility of a public utility shall be accompanied by the following information, in the number of copies required by the Director:

17-16-510.1 Vicinity map showing the proposed site and the surrounding area. The Project area to be shown shall be defined as follows:

17-16-510.1.1 If a power plant is proposed, the area within fifty (50) miles radius from the site;

17-16-510.1.2 If new transmission lines or pipelines are proposed, provide a map showing all existing transmission lines and pipelines for a distance of two (2) miles radius beyond any reasonable alternative studied.

17-16-510.1.3 For upgrades of existing transmission lines or gas pipelines, a map showing all existing transmission lines and pipelines within one (1) mile on either side of the proposed alignment.

17-16-510.1.4 For all other major facilities of a public utility, the area within ten (10) miles radius of the site if another major facility is proposed.

17-16-510.2 Type of facility - specify where applicable:

17-16-510.2.1 The voltages and lengths of transmission lines.

17-16-510.2.2 Type of poles used, with graphic depictions.

17-16-510.2.3 Power source and generating capacity.

17-16-510.2.4 The functions and sizes of substations.

17-16-510.2.5 The diameters and lengths of pipelines.

17-16-510.2.6 The capacities of the storage tanks and types of petroleum derivative to be stored.

17-16-510.2.7 Corridor locations and dimensions.

17-16-510.2.8 Service area.

17-16-510.3 Resource area (e.g., source of power being generated or transmitted, source of petroleum derivative being transported).

17-16-510.4 Projected development schedule.

17-16-510.4.1 Specify timetable for planning (e.g., federal permits, other State permits, local zoning, etc.).

17-16-510.4.2 Estimate beginning and completion of construction and beginning of operation of facility.

17-16-510.5 Hazards and emergency procedures:

17-16-510.5.1 Describe hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general public.

17-16-510.5.2 Describe hazards, if any, of environmental damage and contamination due to solid waste, hazardous waste, petroleum products, hazardous, toxic, and explosive substances or materials used at, or activities taking place at, the proposed facility.

17-16-510.5.3 Describe emergency procedures to be used in the event of fire, explosion or other event which may endanger the public health, safety and welfare.

17-16-510.6 The applicant shall supply an analysis of non-structural alternatives to the Project, such as conservation of energy use, no development or management (different scheduling, conservation programs, facility design, land trades etc.), if applicable.

17-16-510.7 The applicant shall supply an analysis of structural alternatives to the Project, such as alternate locations and routes, alternative types of facilities, use of existing rights-of-way, and joint use of rights-of-way with other utilities and upgrading of existing facilities.

17-16-510.8 Detailed description of the need for the proposed development or activity, including but not limited to:

17-16-510.8.1 The present population of the area to be served and the total population to be served when the project is operating at full capacity.

17-16-510.8.2 The predominant type of users or communities to be served by the proposal.

17-16-510.8.3 The percentage of the design capacity at which the current system is now operating.

17-16-510.8.4 If the proposal is for construction of a new facility and the capacity of that facility exceeds a ten-year projected increase in demand, a detailed explanation of the excess service capacity and the cost of the excess capacity.

17-16-510.8.5 The relationship of the proposal to the applicant's long-range planning and capital improvement programs.

17-16-510.8.6 A description of the user needs and user patterns to be fulfilled by the proposed Project.

17-16-510.8.7 A description of the relationship of the Project to other existing and planned utility facilities of a similar nature, other communication or energy generation and transmission facilities, local government capital improvement programs and special district expansion programs.

17-16-510.9 Environmental impact analysis.

17-16-510.9.1 Land use:

17-16-510.9.1.1 Specify how the proposed development will utilize existing easements or rights-of-way for any associated distribution or collector networks.

17-16-510.9.2 Information regarding other utility facilities:

17-16-510.9.2.1 A map showing each existing major facility of a public utility within the City of the type proposed for development.

17-16-510.9.2.2 The design capacity of each such facility, the excess capacity of each such facility and the percentage of capacity at which each such facility operates.

17-16-510.9.2.3 Whether present facilities can be upgraded to adequately accommodate a ten-year projected increase in demand for services to be offered by the proposed project.

17-16-510.10 Applicants seeking a permit for the site selection and construction of a power plant shall submit, in addition to those requirements set forth above, a map locating and describing resource areas to be utilized as sources of energy.

17-16-510.11 Applicants seeking a permit for the site selection and construction of transmission lines or substations shall submit the following additional documents and information:

17-16-510.11.1 Computer modeled electromagnetic field measurement within the proposed transmission line easement for that portion of the transmission line between substations or transition sites; and

17-16-510.11.2 Measures taken to comply with the concept of prudent avoidance with respect to planning, siting, construction and operation of transmission lines, which may be those steps taken to comply with 4 CCR 723-3 Section 3206(9)(b) or similar authority, for projects where other similar authority is applicable.

(Ord. No. 8691 §1, 1-13-14)

A permit to conduct site selection and construction of a major facility of a public utility shall be approved if the Permit Authority finds the application complies with the following criteria and the relevant criteria at Section 17-16-234. If the Permit Authority finds the application does not comply, the application shall be denied or may be approved with conditions.

17-16-511.1 All reasonable alternatives to the proposed action, including use of existing rights-of-way and joint use of rights-of-way wherever uses are compatible, have been adequately assessed and the proposed action represents the best interests of the people of the City and presents the best utilization of resources in the impact area.

17-16-511.2 A satisfactory program to mitigate and minimize adverse impacts has been presented.

17-16-511.3 No electric transmission line or pipeline shall be constructed, located, relocated, reconstructed, enlarged or upgraded prior to receiving the written approval of the Director and the City's Director of Public Works, except to cross such road at or near a perpendicular angle or to provide service to an individual utility customer.

17-16-511.4 Electric transmission lines and pipelines shall be located so as to discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region, and to avoid unreasonable or burdensome expenditure of public resources.

17-16-511.5 Major facilities of a public utility shall be administered so as to minimize disruption of the service provided by the utility and preserve desirable existing community patterns.

(Ord. No. 8691 §1, 1-13-14)

Exhibit A

ORDER OF
DESIGNATION OF ACTIVITY
OF STATE INTEREST

Pursuant to Section 24-65.1-101, etseq., C.R.S., on the 13th day of January, 2014, the City Council of the City of Pueblo, Colorado, a Colorado municipal corporation, designated the following as activities of state interest:

Efficient utilization of municipal and industrial water projects;

Site selection and construction of major new domestic water and sewage treatment systems and/or major extension of existing domestic water and sewage treatment systems; and

Site selection and construction of major facilities of a public utility.

The boundaries of the area so designated are the city limits of the City of Pueblo. Such activities may not be conducted within the incorporated area of the City of Pueblo without a permit issued pursuant to regulations of the City of Pueblo. The regulations applicable to the designated matters of state interest are located in Title XVII, Chapter 16 of the Pueblo Municipal Code, Sec. 17-16-101et seq. Procedures for obtaining such a permit are available at the Planning and Community Development Department, 211 East D Street, Pueblo, CO 81003.

ATTESTED BY:

Exhibit B

APPLICATION FOR A PERMIT TO CONDUCT A
DESIGNATED ACTIVITY OF STATE INTEREST
OR TO ENGAGE IN DEVELOPMENT IN A
DESIGNATED AREA OF STATE INTEREST

To: Permit Authority, City of Pueblo

Re: ___________, as a matter of state interest.

From:
(Applicant's Name)
(Address)
(Telephone)

Date Submitted:

Date Received and Accepted as Complete:

1.

Matter of State Interest.

The applicant requests that a permit be issued for each of the items checked below:

A permit to conduct one or more of the following matters of state interest:

( ) Efficient utilization of municipal and industrial water projects

( ) Site selection and construction of major new domestic water and sewage treatment systems and/or major extension of existing domestic water and sewage treatment systems

( ) Site selection and construction of major facilities of a public utility

2.

Proposed Activity or Development.

General description of the specific activity or development proposed:

3.

Location of Development:

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:

4.

Legal Description.

The legal description, including the acreage, of the tract of land upon which the development or the activity is to be conducted, by metes and bounds or by government survey description: (attach additional sheets if necessary):

5.

Owners and Interests.

Set out below the names of those persons holding recorded legal, equitable, contractual and option interests and any other person known to the applicant having any interest in the property described in paragraph 4, above, as well as the nature and extent of those interests for each person, provided that such recorded interests shall be limited to those which are recorded in the Pueblo County Clerk and Recorder's Office, the land office of the Bureau of Land Management for this State, the Office of the State Board of Land Commissioners of the Department of Natural Resources, or the Secretary of State's Office of this State (attach additional sheets if necessary):

6.

Submission Requirements.

Submission requirements described in the Guidelines and Regulations for Areas and Activities of State Interest of the City of Pueblo for each of the activities or areas checked in paragraph 1 above, are attached to this application. Those attachments are identified, by letter or number, and described by title below:

7.

Additional Information Required:

Attach any additional information required by the Guidelines and Regulations, and as may be required by the Planning Department Director..

8.

Duration of Permit.

The Applicant requests a permit for a period of ________ years.

9.

Application Fee.

The required application fee is submitted herewith.

APPLICANT:

The City reserves the right to require the Applicant to submit additional forms and checklists as deemed necessary and appropriate by the Director.

Exhibit C

PERMIT
ISSUED TO CONDUCT A
DESIGNATED ACTIVITY OF STATE INTEREST
OR
TO ENGAGE IN DEVELOPMENT IN A
DESIGNATED AREA OF STATE INTEREST
IN THE
CITY OF PUEBLO, COLORADO

Pursuant to Guidelines and Regulations for Areas and Activities of State Interest of the City of Pueblo heretofore adopted by the City Council, the City has received an application from ___________ (hereinafter "Applicant") for a permit to conduct the following matter(s) of state interest:

and has approved that application.

This permit authorizes the Applicant:

1.

To conduct the following activity / development:

2.

On the following-described tract of land:

3.

For the following period: ___________, 20____; expiring ___________, 20____.

4.

In accordance with the plans and/or specifications approved by the Permit Authority on __________________, 20____, as well as the guidelines for administration adopted by the City for:

[insert matter of state interest]

5.

On the condition that the Applicant proceeds in conformity with all applicable federal and state statutes, regulations and permits as well as all applicable local land use controls including, but not limited to, applicable comprehensive or master plans, subdivision regulations, zoning and building codes.

6.

And on the following additional conditions:

This permit shall not be effective until the Applicant has filed the proper security with the Permit Authority, pursuant to provisions of the Administrative and Permit Regulations in the amount of ($_____________).

This permit is valid for use only by the Applicant and may not be transferred, except as permitted by the Administrative and Permit Regulations. In the event that the Applicant fails to take substantial steps to initiate the above development or activity within twelve (12) months from the date of this permit or, if such steps are taken, in the event the Applicant fails to complete the development or activity with reasonable diligence, this permit may be revoked by the Permit Authority.

Date: ___________________, 20___

CITY OF PUEBLO PERMIT AUTHORITY

ATTEST:

(Ord. No. 8691 §1, 1-13-14)