Submission and review of an environmental impact report on any private development proposal or public project which may affect to any significant degree the quality of the environment in the town or in surrounding areas is required to achieve the following objectives:

   (A)   Availability of information. To ensure that complete information on the environmental effects of the proposed project is available to the Town Council, the Planning and Environmental Commission and the general public;

   (B)   Environmental protection a criterion. To ensure that long term protection of the environment is a guiding criterion in project planning, and that land use and development decisions, both public and private, take into account the relative merits of possible alternative actions;

   (C)   Review and evaluation procedure. To provide procedures for local review and evaluation of the environmental effects of proposed projects prior to granting of permits or other authorizations for commencement of development;

   (D)   Avoid geologic hazard areas. To ensure that buildings are not constructed in geologic hazard areas, by way of illustration, floodplains, avalanche paths, rockfall areas, where such hazard cannot practically be mitigated to the satisfaction of the Planning and Environmental Commission and the Town Council; and

   (E)   Protect water quality. To ensure that the quality of surface water and ground water within the town will be protected from adverse impacts and/or degradation due to construction activities.

(Ord. 8(1973) § 16.100; Ord. 19(1976) § 14; Ord. 37(1980) § 10; Ord. 29(2005) § 31)

   An environmental impact report shall be submitted to the Administrator for any project for which such a report is required by federal or state law, or for any project which the Administrator determines may significantly change the environment, either during construction or on a continuing basis, in one or more of the following respects:

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

   (B)   Directly or indirectly affects a wildlife habitat, feeding or nesting ground;

   (C)   Alters or removes native grasses, trees, shrubs or other vegetative cover;

   (D)   Affects the appearance or character of a significant scenic area or resource, or involves buildings or other structures that are of a size, bulk or scale that would be in marked contrast to natural or existing urban features;

   (E)   Potentially results in avalanche, landslide, siltation, settlement, flood or other land form change or hazard to health and safety;

   (F)   Discharges toxic or thermally abnormal substances, or involves use of herbicides or pesticides, or emits smoke, gas, steam, dust or other particulate matter;

   (G)   Involves any process which results in odor that may be objectionable or damaging;

   (H)   Requires any waste treatment, cooling or settlement pond, or requires transportation of solid or liquid wastes to a treatment or disposal site;

   (I)   Discharges significant volumes of solid or liquid wastes;

   (J)   Has the potential to strain the capacity of existing or planned sewage disposal, storm drainage, or other utility systems;

   (K)   Involves any process which generates noise that may be offensive or damaging;

   (L)   Either displaces significant numbers of people or results in a significant increase in population;

   (M)   Preempts a site with potential recreational or open space value;

   (N)   Alters local traffic patterns or causes a significant increase in traffic volume or transit service needs; and

   (O)   Is a part of a larger project which, at any future stage, may involve any of the impacts listed in this section.

(Ord. 8(1973) § 16.200; Ord. 29(2005) § 31)

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

   (A)   Alteration, repair and maintenance of existing structures and site improvements;

   (B)   A phase of a project for which an environmental impact report previously was submitted and reviewed covering the entire project, provided that the project was approved and not subsequently altered; and

   (C)   A project which, on the basis of a preliminary environmental assessment covering each of the factors prescribed in § 12-12-2 of this chapter is found to have an insignificant impact on the environment. The preliminary environmental assessment and the finding on environmental impact shall be made by the Administrator.

(Ord. 8(1973) § 16.300; Ord. 29(2005) § 31)

   (A)   Range of studies. The environmental impact report shall be based on systematic studies conducted by the town staff or by professional consultants, as determined by the Administrator. The environmental impact report on a public project may be prepared by the responsible public agency or by professional consultants it engages. The range of studies needed to develop the technical data for an environmental impact report includes the following natural systems and other studies:

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

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

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

      (4)   Biotic conditions, such as vegetative characteristics, wildlife habitats and any potential changes or impacts;

      (5)   Other environmental conditions, such as noise levels and odor characteristics, and any potential changes or impacts;

      (6)   Visual conditions, such as views and scenic values, and any potential changes, impacts or marked contrasts;

      (7)   Land use conditions, such as characteristics of uses, compatibility with officially approved land use and open space policies and objectives, and potential changes or impacts;

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

      (9)   Population characteristics, such as residential densities, neighborhood patterns, potential displacement of residents or businesses, and potential changes or impacts.

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

(Ord. 8(1973) § 16.401; Ord. 29(2005) § 31)

   (A)   Information and analysis. The environmental impact report shall contain information and analysis, in sufficient detail and adequately supported by technical studies, to enable the Town Council to judge the environmental impact of the project and to judge measures proposed to reduce or negate any harmful impacts.

   (B)   General statement; descriptive materials. The environmental impact report shall include a general statement, describing the proposed project and its purpose, identifying the owner and/or sponsors, and, if a public project, identifying the funding source and time schedule. Descriptive materials, maps and plans shall be submitted showing the following information:

      (1)   Project boundaries and boundaries of the area within which environmental impact is likely to be significant;

      (2)   Present and proposed uses of the site;

      (3)   Present and proposed zoning of the site;

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

      (5)   A list of regulatory or review agencies and the specific regulations to which the project will be subject;

      (6)   Copies of subdivision maps, development plans or other pertinent documents illustrating the proposed project;

      (7)   Proximity to water bodies, the distance from the centerline of live creeks or streams to any proposed structural development within the project; and

      (8)   Soil types based upon the National Cooperative Soil Survey, USDA, Soil Conservation Service and interpretations of soil types, vegetation shall be described and three masses shown.

   (C)   Environmental inventory. The environmental impact report shall include an environmental inventory, providing complete information on the environmental setting existing prior to the proposed project and containing sufficient information to permit independent evaluation by reviewers of factors that could be affected by the proposed project. The environmental inventory shall include maps, photographs or other appropriate illustrative material.

   (D)   Categorized by impact type. Areas categorized according to type of possible impact shall be identified. The environmental inventory shall describe both the physical and biological natural setting, and the human-made setting of the site and its surroundings.

   (E)   Analysis. The environmental impact report shall include a comprehensive, qualitative and quantitative analysis of any significant impact that the proposed project will have on the environment. The analysis shall describe temporary effects that will prevail during construction, and long term effects that will prevail after completion. The analysis shall describe both beneficial effects and detrimental effects. The analysis shall consider primary effects and secondary effects which will result from the project. The analysis portion of the environmental impact report shall fully assess the following items:

      (1)   Adverse effects which cannot be avoided if the proposal is implemented;

      (2)   Mitigation measures proposed to minimize the impact, including water quality, erosion control and revegetation measures;

      (3)   Possible alternatives to the proposed action;

      (4)   Relationships between short term and long term uses of the environment;

      (5)   Irreversible environmental changes resulting from implementation of the proposal; and

      (6)   Growth inducing impacts of the project.

(Ord. 8(1973) § 16.402; Ord. 37(1980) § 10; Ord. 29(2005) § 31)

   The Administrator may further prescribe the form and content of an environmental impact report, setting forth in greater detail the factors to be considered and the manner in which the report shall be prepared, and may require submission of information in addition to that required by § 12-12-5 of this chapter.

(Ord. 8(1973) § 16.403; Ord. 29(2005) § 31)

   (A)   The environmental impact report required under this chapter shall be prepared within 30 days of the date that plans are submitted for design review as prescribed in §§ 12-12-4 through 12-12-6 of this chapter, subject to extension of the time period to a maximum of 90 days by the Planning and Environmental Commission.

   (B)   The time period may be extended to a maximum of 180 days if seasonal conditions prevent a comprehensive analysis.

(Ord. 8(1973) § 16.404; Ord. 16(1978) § 2(a); Ord. 29(2005) § 31)

   In the event that the town engages professional consultants to prepare an environmental impact report, the cost shall be paid by the sponsor of the project. The sponsor may be required to deposit a fixed sum in advance to cover the cost of the report, with the unexpended balance returnable to the sponsor.

(Ord. 8(1973) § 16.405; Ord. 29(2005) § 31)

   The environmental impact report shall be submitted to the Administrator. The Administrator shall prescribe the number of copies to be submitted. The Administrator shall notify the Town Council, the Planning and Environmental Commission, and the Design Review Board of receipt of an environmental impact report, and shall transmit copies of the report upon request. Environmental impact reports shall be available for public review in the offices of the town.

(Ord. 8(1973) § 16.501; Ord. 29(2005) § 31)

   (A)   Time limit. The Planning and Environmental Commission shall review the report within 30 days of submission subject to an extension of the time period 30 additional days in order to obtain additional information from the town staff, from the sponsor of the project, or the author of any portion of the report.

   (B)   Supplementary data. The Commission may receive additional statements or supporting materials from the sponsor of a project, from the town staff, from professional consultants or from others. Such additional materials may be considered as supplementary or amendatory to the environmental impact report.

(Ord. 8(1973) § 16.502; Ord. 16(1978) § 2(b); Ord. 29(2005) § 31)

   (A)   Criteria for decision. Following review of the environmental impact report, the Planning and Environmental Commission shall approve, disapprove or request changes in the project in writing. The Planning and Environmental Commission shall approve the project unless it finds that either the project will have significant long term adverse effects on the environment with respect to the natural systems or other factors studied as prescribed in § 12-12-4 of this chapter or the project will have short term adverse effects on the environment so detrimental that public health, safety or welfare considerations preclude approval of the project. In the case of either finding, if changes in the project are feasible which ameliorate or avoid the adverse effects on the environment sufficiently to permit approval of the project, the Planning and Environmental Commission, in writing, shall describe those changes and request those changes be made. If the Planning and Environmental Commission determines that the changes are not feasible, it shall disapprove the project in writing, describing the adverse effects on the environment, the significance of the effects either to the natural systems or other factors studied as prescribed in § 12-12-4 of this chapter or to the public health, safety or welfare and the Planning and Environmental Commission’s reasons for concluding that no changes in the project are feasible to ameliorate or avoid those effects.

   (B)   Design changes require resubmission to Design Review Board. If the Planning and Environmental Commission requests any changes in the project which would alter the design of the project previously approved by the Design Review Board, and the sponsor of the project makes those changes, the revised design shall be resubmitted to the Design Review Board for its approval unless the Planning and Environmental Commission waives this requirement.

(Ord. 8(1973) § 16.503; Ord. 16(1978) § 2(b); Ord. 29(2005) § 31)

   (A)   Conformance to environmental impact report. Upon approval of the project, applicable permits may be issued and the project may proceed, subject to such additional requirements, permits, or authorizations as may be required by this title and by other applicable ordinances or regulations of the town. No permits shall be issued and no authorizations shall be granted which would allow a project to proceed in the event that the Planning and Environmental Commission does not grant approval of the environmental impact report after review. No permits shall be issued and no authorizations shall be granted for any project which does not conform substantially to the description of the project contained in the environmental impact report.

   (B)   Exception. This section shall not apply to a project for which an environmental impact report is not required, as prescribed in § 12-12-3 of this chapter.

(Ord. 8(1973) § 16.504; Ord. 16(1978) § 2(b); Ord. 29(2005) § 31)