(a)

A special use permit is required to allow the property owner a use of his or her property that is not specifically stated under the permitted uses for which the property is zoned.

(b)

A special use permit shall be granted to the property owner initially for a one-year period, at which time it will come before the Board of Trustees for review.

(c)

If the special use permit requires construction of a new building or alteration of an existing structure, a building permit must also be obtained prior to commencement of such work. Failure to obtain a building permit shall result in the special use permit being null and void.

(d)

If construction under the special use permit has not begun within the time specified in the building permit and the property changes ownership, the special use permit is null and void and the new owner must come before the Board of Trustees with a proposal. If construction has begun and the new owner intends to use the property as granted under the special use permit, he or she does not have to come before the Board of Trustees unless changes are made.

(Ord. No. 01-2009; Ord. No. 02-2013)

(a)

A special use permit application shall be presented to the Zoning Enforcement Officer with the documentation listed on the application and checklist, with the special use permit fee as set forth in the Town's Fee Schedule. This is a nonrefundable fee.

(b)

A Planning Commission meeting shall be scheduled to review the special use permit request application and to make a recommendation to the Board of Trustees.

(c)

Notification of such Planning Commission meeting shall be posted at the official Town posting place at least 24 hours prior to the meeting time and date. An opportunity for public hearing and commentary on the application shall be provided at both the Planning Commission meeting and the Board of Trustees meeting where the application is being considered.

(d)

The criteria for granting a special use permit shall be as follows:

(1)

Will the special use be in harmony and compatible with the character of the surrounding areas and neighborhood?

(2)

Will the special use be consistent with the Town's comprehensive plan?

(3)

Will the special use not result in an over-intensive use of land?

(4)

Will the special use not have a material adverse effect on community capital improvement programs?

(5)

Will the special use not require a level of community facilities and services greater than that which is available?

(6)

Will the special use not result in undue traffic congestion or traffic hazards?

(7)

Will the special use not cause significant air, water, or noise pollution?

(8)

Will the special use be adequately landscaped, buffered and screened?

(9)

Will the special use not otherwise be detrimental to the health, safety, or welfare of the present or future inhabitants of the Town?

(e)

Following the Planning Commission meeting and review, the special use permit request will be placed on the agenda for the next Board of Trustees regular meeting for final approval or denial.

(f)

If the Board of Trustees elects to approve the special use permit, a special use permit approval certificate will be issued. The permit shall be reviewed by the Board of Trustees every year in January to determine if it will be renewed. The fee for review for renewal is set forth in the Town's Fee Schedule. This is a nonrefundable fee.

(Ord. No. 01-2009; Ord. No. 02-2013; Ord. No. 01-2021, § 6, 5-3-2021)

(a)

A special use permit for mining and/or mining related uses shall require, in addition to the requirements found elsewhere in this Chapter 8, the submission of the documentation and information listed in this Section.

(b)

The Planning Commission shall establish a separate mining application and a mining application fee (which may or may not be the same fee as a regular special use permit fee) shall be established on the fee schedule for a Special use permit application for mining and/or mining related uses.

(c)

Any application for a special use permit for mining and/or mining related uses shall include a written description of the proposed operations. The written description shall include both written and graphic information, and cover all aspects of the overall mining operation including site preparation, vegetation and soil removal, mining methods, all aspects of recovery and processing, tailing or overburden management, ore management, storage and stockpiling of materials, hauling, and conveying, dust control, reclamation, and the following:

(1)

The overall estimated period of operation, including a phasing schedule for any phased operation.

(2)

The seasons, days, and times of operations for specified activities including blasting, hauling, crushing, or screening.

(3)

The maximum number of employees and/or contractors and independent haulers estimated to be on site during various phases of operations.

(4)

A list and description, to include height and color of all major equipment to be present on-site for each phase of mining.

(5)

Description of environmental monitoring conducted on or off the site to comply with regulatory requirements, and any spill containment plan required to be submitted in partial or full fulfillment of any State or Federal mining-related application or permit.

(6)

Description of procedures to log and address complaints related to the operation and any applicable Town of Silver Cliff Municipal Code provisions.

(7)

A description of the mined land reclamation plan in conformance with the requirements of the State of Colorado for a mined land reclamation permit, describing how the post mining land use(s) is or are not incompatible with adjoining and/or adjacent land uses or with current zoning of the site, and are in compliance with all applicable legislatively adopted Town of Silver Cliff master plan(s) or map(s) and this Code.

(8)

As applicable, any calculations related to water balance addressing beneficiation or process solution containment facilities.

(d)

A site plan drawn to professional standards, as determined by the Planning Commission, shall be submitted with the application for a special use permit for mining and/or mining related uses. The site plan shall include a full legal description and boundary survey of the proposed permit area prepared by a State of Colorado Licensed Professional Land Surveyor, supplemented by a reasonably accurate topographic map of the proposed permit area depicting the locations of areas of activity, haul roads, utilities, improvements, and major equipment by mining phase as far as possible. As appropriate, the site plan shall also include an overlay, on stable drafting material, at the same scale and specifications as a final plat, showing all mining and placer claims, patents and mineral rights, and their ownership by name and mineral survey or mining entry number. Multiple sheets may be necessary to adequately describe a complicated or multi-phase operation.

(e)

All applicants for a special use permit for mining and/or mining related uses are required to forward the application to the Colorado Geological Survey for a review and evaluation of the proposed use and site constraints. The applicant shall pay all costs assessed or charged by the Colorado Geological Survey for the review and processing of the application. Within 15 days following the Town of Silver Cliff's receipt of a report from the Colorado Geological Survey, the applicant shall submit a written response to the Planning Commission addressing in detail the applicant's proposed methods for mitigating any hazards or concerns identified by the Colorado Geological Survey.

(f)

Applicants for a special use permit for mining and/or mining related uses shall describe water and sanitation needs and source(s). Public water sources require documentation evidencing ability to provide service. Wells require documentation of a well permit and/or documentation that the existing well is adequate for the proposed use. All water issues must be approved by Round Mountain Water and Sanitation District and documentation must be included with the application. Public sewer shall require documentation evidencing ability to provide service. Any on-site sewage disposal systems shall be sited, designed, and constructed in compliance with Round Mountain Water and Sanitation District and state health standards.

(g)

Applicants for a special use permit for mining and/or mining related uses shall exhibit that solid waste shall be stored in an enclosed building or in bear-proof containers and handled in a manner that does not: (1) attract bears, rodents, flies, or other animals or pests; (2) generate odor, perceptible beyond the property boundaries; (3) create liquid runoff on to soil or off- site; and (4) permit the blowing or paper and other trash or waste.

(h)

All state and federal requirements for handling and storage of hazardous substance shall be satisfied. A list of hazardous materials stored and/or used on site, to include location of storage and management practices, shall be provided with the application for a special use permit for mining and/or mining related uses.

(i)

Applicants for a special use permit for mining and/or mining related uses shall provide an engineered drainage plan with the application. Such drainage plan shall ensure that storm or melt water runoff is channeled in a manner that does not adversely impact neighboring properties or public ways. The Town may condition a special use permit on execution of a drainage easement to the Town, if appropriate.

(j)

Applicants for a special use permit for mining and/or mining related uses shall provide a buffering plan with the application, and shall exhibit that the plan complies with all applicable local, state, and federal noise standards. Any light or glare use that regularly directs excessive light, glare, or heat beyond the property line shall be prohibited. All lighting must be Dark Skies compatible. Welding equipment and similar sources of intense light shall be shielded from neighboring properties or public way by enclosure in a building, location on the property, construction of a fence or wall, or a landscaped buffer. Any use that creates electrical interference beyond the property line shall be prohibited.

(k)

Applicants for a special use permit for Mining and/or Mining Related Uses shall include a noxious weed control plan or justification for waiver request with the application.

(l)

Applicants for a special use permit for mining and/or mining related uses shall include a Town / County Road Impact Analysis Form with the application. Access onto Town Streets/Roads, County Roads, or State Highways within 500 inches of a State Highway require a permit from the Town of Silver Cliff Public Works Department, Custer County Road, and Bridge Department and CDOT.

(m)

Applicants for a special use permit for mining and/or mining related uses shall include a Fire Protection Plan addressing methods of fire protection, location of hydrants or other means of protection. If located within a Fire Protection District, the plan shall be approved by the district.

(n)

At the time application is made to any State or Federal agency for a permit or license relative to any aspect of a mining operation, including and not limited to a Notice of Intent for prospecting or exploration, a copy of the full and complete application, including all required plans, shall concurrently be submitted to the Town of Silver Cliff for review and comment, as necessary, to the particular agency. Such applications include applications for air quality permits and stormwater discharge permits. In all instances, the Town of Silver Cliff shall be notified by the applicant when permit authorizations are received or denied.

(o)

Applicants for a special use permit for mining and/or mining related uses shall include a reclamation plan for the property at issue. Reclamation to establish the post-mining land use, including grading, and top soiling and seeding as appropriate, shall occur concurrently with mineral extraction in each area of a phased permit to the extent practicable. Maintenance thereafter shall be on-going through final reclamation of the site. Reclamation plans shall demonstrate that the post mining land use(s) are not incompatible with adjoining and/or adjacent land uses or with zoning of the site, and are in compliance with all applicable Town of Silver Cliff master plan(s) or map(s) and this Code.

(p)

Where a specialized study or report is required under this Section to be submitted by the applicant for a special use permit for mining and/or mining related uses, as may be necessary the Zoning Enforcement Officer has the discretion to require the hiring of an independent contractor to conduct a Third-Party Review of such submittal. The Applicant and Zoning Enforcement Officer shall agree upon the selection of the contractor, cost, scope of work (to include the duties to be performed and estimated hours necessary to perform them), and schedule. Scope of work is limited to checking for (1) compliance with applicable laws and regulations and applicable state, Federal, national, or professional codes or standards of practice for the accuracy of any calculations (i.e., good engineering practice); and (2) the adequacy and completeness of the study or report and any conclusions that may be contained therein. Completion of this review and recommendation to the Zoning Enforcement Officer shall be performed in a timely manner. All agreed upon costs of the Third-Party Review shall be paid by the applicant. Third party review will not be required if analyses are part of State or Federal applications reviewed by State and Federal agencies. Third party review will be limited to analyses that are beyond the expertise of the Town and its staff.

(Ord. No. 01-2021, § 7, 5-3-2021)