HomeMy WebLinkAboutResolution 2005-53 677528 07/06/2005 09:41A 81703 Pa$5 M ALSDORF 679750 08/09/2005 10:06A B1714 P918 M RLSDORF
1 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO 1 of 12 R 0.50 D 0.00 GARFIELD COUNTY CO
STATE OF COLORADO}
}ss
County of Garfield }
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the
Commissioners'Meeting Room,Garfield County Courthouse,in Glenwood Springs on Monday,the 5d of day of
July, 2005,there were present:
Jghn Martin ,Commissioner Chairman
� L a MCC on _. _ _ _ _ Commissioner
T i Hog pt ,ComailssioneF
Don D!e ord - ,County Attorney
Mildred Alsdorf ,Clerk of the Board
Ed Gwen - -_ -_� _- _ - _ ,County Manager
when the following proceedings, others were had and done, to-wit;
gP g ,amon g
RESOLUTION NO. 5 r 010
A RESOLUUTON CONCERNED WITH AMENDING THE GARFIELD COUNTY ZONING
RESOLUTION OF 1978 BY AMENDING ZONE DISTRICT TEXT AMENDMENT TO ADDING
SECTION 9,07, DEVELOPMENT PLAN REVIEW FOR PIPELINES AND SECTION 2.02.43I,
PIPELINE AND ADDING THE TERM "PIPELINE SUBJECT TO REVIEW AND APPROVAL PER
PROCEDURE AND REQUIREMENTS OF SECTION 9,07"TO SECTIONS 3.01.01,3.02.01, 3.07,0 1,
3.10.01,USES BY RIGHT,3.10.02,USES BY RIGHT, 3.10.03,USES BY RIGHT AND 3.10.04, USES
BY RIGHT, DELETING THE TERM "PIPELINE" FROM SECTIONS 3.01.03, 3.10.01 USES,
CONDITIONAL, 3.1 0.02 USES,CONDITIONAL.,3.10.03 USES,CONDPT TONAL AND 3.10.04 USES,
SPECIAL.
WHEREAS,on the 2nd day of January, 1979, the Board of County Commissioners of Garfield County,
Colorado, adopted Resolution No. 79-1 concerning a Zoning Resolution for the County of Garfield, State of
Colorado; and
WHEREAS,the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116,C.R.S.
1973,as amended,to provide for the approval of amendments to such Zoning Resolution,and the Board has so
amended the said Resolution;and
WHEREAS,on December 15, I991,the Board adopted a codified version of the Garfield County Zoning
Resolution of 1978 and all subsequent amendments;and
WHEREAS,on April 13, 2005,the Garfield County Planning Commission recommended approval of the
proposed text amendments;
WHEREAS, a.public hearing was held on the 1P day of June 2005, before the Board of County
Commissioners of Garfield County,Colorado,at the Commissioners meeting room,Suite 100,Garfield County
677s28 07/06/2005 09:414 81703 P886 11 ALSOORF , 679760 08/09/2005 10:068 Bt714 P918 11 AL500RF
2 of 12 R 0.00 0 0.00 CARFIELD COUNTY CO 2 of 12 R 0.00 D 9.00 GAFIFIELt? COUNTY CO
Courthouse Plaza, 109 8th Street,Glenwood Springs,Colorado,as to which hearing,public notice was given in
accordance with requirements of Section 10 of the Garfield County Zoning Resolution;
WHEREAS, the Board on the basis of evidence produced at the aforementioned hearing has made the
following determination of fact:
1. That an application for a zone district text amendment was made consistent with the
requirements of Section 10.00 of the Garfield County Zoning Resolution of 1975, as
arnended;
2. That the Board of County Commissioners is authorized by the provisions of Section 30-28-
1 lb,C.R_S. 1973,as amended, to provide for the approval of amendments to the Garfield
County Zoning Resolution;
3. That the public hearing before the Board of County Commissioners was extensive and
complete,that all pertinent facts,matters and issues were submitted and that all interested
parties were heard at the hearing;
4. That the Garfield County Planning Commission has reviewed the proposed zone district text
amendment and made a recommendation as required by Section 10.04 of the Garfield County
Zoning Resolution of 1978,as amended;
S. That the proposed text amendment are in the best interest of the health, safety. morals,
convenience,order,prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Garfield County,
Colorado, that the Garfield County Zoning Resolution, adopted on the 2nd day of January, 1979, and
identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby is
amended and to add Section 9.07,Development Plan Review for Pipelines and Section 2.02.431,Pipeline
and adding the term"pipeline subject to review and approval per procedure and requirements of Section
9.07"to Sections 3.[11.01,3.02.01,3.07.01,3.10.01,Uses byRight,3.10.02,Uses by Right,3.10,03,Uses by
Right and 3.10.04, Uses by Right, deleting the term "pipeline" from Sections 3.01.03, 3.10.01 Uses,
conditional. 3.10.02 Uses, conditional, 3.10.03 Uses, conditional and 3.10.04 Uses, special, from the
codified Garfield County Toning Resolution adopted by the Board on December 16, 1991 as described in
Exhibit A,attached hereto.
A7MT; GARFIELD COUNTY BOARD OF
I�atec3 tfiix.;�t day of July, 20135 COMMISSIONERS,GARFIUD COUNTY.
......,,l� COLORADO
Clerk of thc!$�'d' Chairman
,.
111111111111 11111111111111[1111111 HE 11111311111111, 3 11,11111111 l 1111 11111 111111111 111111 111 HE 1111 1111
3 of 1 @7l @612085 09:4€p 81703 COUNTY ft CLSt30RF 3 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO
3 of 32 R 0.00 O 0,08 ; pitFYECD CO€iNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
John Martin ,Aye
Larry McCown _�- _ _ - _. —� Aye
TES Haut ,Aye
STATE OF COLORADO }
)ss
County of Garfield }
County Clerk and ex-officio CIerk of the Board of County
Commissioners,in and for the Coun€tyand State aforesaid,do hereby certify that the aomexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Cornrnissioners for
said Garfield County,now in nay office.
IN WITNESS WHEREOF, I have hereunto set my hand aad affixed the seal of said County, at
Glenwood Springs,this day of A.D. 2005.
County Clerk and ex-officio Clerk of the Board of County Commissioners
1 111%111111111111 IS 111111111111111111111111111 la 1111111 11111 1111111 11111 111111111 111111 11111111 1111 1111
[377"528 07/06/2605 09,41A 81703 P886 M ALSDbRF 4 of 12 R 0.00 D 0.00 [,y 81714 COUNTY AL
A of 12 R 0.00 D 0.00 GARFIELD COUNTY CO CO
EXHIBIT A
2.02.437 Pi ]ne: Any conduit and appurtenant facilities designed
for, or capable of, transporting natural gas, other petroleum
derivatives,gaseous [natter or other liquid matter. Pipelines
regulated, licensed or pertnitWd under federal regulations as
interstate transmission lines shall be exempt from regulation
under this Chapter.
9.07 Development Flan Review for Right-of--way
9,07,01 fjW
(1)This development plan review is an administrative review procedure for
right-of-way considered likely to impact surrounding land uses and infras"cture
needs and demands.
(2)Development plan review should occur before,a full set of working drawings
has been completed for submission as prat of an application for a building permit.
As part of the review procedure,the applicant may be required to submit a
development plats indicating siting and layout,buffering.landscaping,access,
lighting,and other specific data.
(3)Development plan review is not intended to mandate aesthetics of design.
(4) 'Planning Director",as used in Section 9.07,includes any authorized
representative of the Planning Director.
9.07.02 D(,veiaornent Ply Review euuiremgWs; A development plan must be
submitted for the site or area of any pipeiine(s),greater than 12"in diameter and
over two(2)miles in length or any pipeline more than five(5)mules in length,
proposed to b located in the unincorporated area of Garfield County.
Development Alan approval is required prior to the issuance of any County
building permits,or associated access or other land use permits associated with
pipeline operations.However,pipeline operations which do not require a
building or other associated County permit must still obtain development plan
approval under this resolution,
9.07.03 APnlicArim: The application for development plan review shall be made on
application forms available at the County Planning Department.Such forms shall
have all spaces completed,designate all agents,exhibit all owner or operator
signatures,and be accompanied by required fees and all materials required within
these regulations.
1 111111 0111 1111111 11 11 IN 111111111111 11111111! 111 111111111111111111111111111111111111111 (111111111111111
677528 07/06/2005 09:41A 01703 P889 " ALSDORF 579760 08/09/2005 10:06A B1714 Pa22 11 RLSDORF
'5 of 12 R 0.00 D 0,00 ORRFIl3D C004TY CO 5 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO
9.07.44 Development Plan Submission. The applicant shall submit eight copies of the
proposed development plan with the completed application form to the Planning
Director. The following information must be submitted with a development plan
application_
(1)A vicinity map indicating the section,township,and range of the site,and its
relation to surrounding public roads and municipal boundaries.
(2) Project Overview- a description of the project including the length of the
pipeline,diameter of the pipeline,pipeline commodity,and the general
description of the pipeline route,
(3) Ownership
A. For individual right-of-way,a diagram showing adjacent properties and
the approximate location of buildings and their uses within a distance of
350 feet of any proposed structure,facility,or area to be disturbed.This
may be drawn at a smaller scale than the site plan.
B. For an area plan,the map will show the property boundaries and
ownership information for all private and public property inchuded in the
development area,
(4) Evidence of surface owner notification and of surface agreements where the
surface owner is not a party to the mineral lease.
(5) Need for Proposed Action: a statement of the reason for the pipeline
(6) Regulatory Permit Requirements: a table indicating the permit agency
name,permidaction driving task and the task to be performed to obtain the
permit.
(7) Primary Project Participants: Include the names,address and phone
numbers of the company representative,company and individual acting as an
agent for the company, construction company contacts,federal and state agency
contacts
(8) Project Facilities: Identify any permanent project facilities such as
permanent ri ght-of-way,widths,meter stations,valve sets,etc. Also indicate any
temporary right-of-way,width during construction,construction facilities,etc.,
(9) Construction Schedule: indicate the estimated star and end dates for
construction,days of the week in which construction will occur,hours of day
during which construction will occur,
(10) Sensitive Area Survey: List the types and areas of concern along the
pipeline right-of-way,such as:sensitive plant populations,cultural,
archeological,paleontological resources and wetlands identified during pre-
construction environmental surveys,if applicable.
. if 4y 1 1 111111 111111111111111111111111111111 1111 111111111 11111 1111111!
111 f111111111111111111 g11T 111111111 11111111 5 �F 679760 08/09/2005 10:08R B1714 P923 M RLWORF
6773 6 of 12 R 0.00 D 0.00 GARFIEL,D COUNTY CO
6 of L2 R O.00 D 0.00 IDARFIELD COUNTY CO
(l 1) Land Grant/Permits/Authorizations and Stipulations: attach a copy of any
land grant,permits,and autlwriaations including stipulations.
(l 2) Revegetation Plan:
a. A plant material list. Be specific,scientific and common names are
required, Include,application rate in tern's of pare live seed(PLS)per
acre.
b. A planting schedule that includes timing,methods,and mulching.
c. A revegetation security. A security may be required if,in the
determination of the County Vegetation Management,the proposed
project has:
(i) A potential to facilitate the spread of noxious weeds
(ii) A potential to impaa watershed areas.
(iii)A potential for visual impacts from public viewing corridors.
(iv) Steep slopes(15%or greater)or unstable areas,
(v) Disturbs large area(Half an acre or greater)
d. The revegetation security will be in an amount to be determined by
the County Vegetation Management that will be site-specific and based
on the amount of disturbance. The security shall be field by Garfield
County until vegetation has been successfully reestablished,or for a
period of time approved by the County Vegetation Management in any
specific land use action,according to the Reclamation&Revegetation
Standards Section in the Garfield County Weed Management Plan, The
County Vegetation Management will evaluate the reclamation and
revegetation prior to the release of the security.
(13) A weed management plan for all Garfield County listed noxious weeds and
State of Colorado listed noxious weeds that are targeted by the Commissioner of
Agriculture for statewide eradication.
(14) Emergency Response Plan:include a fire protection and hazardous
nuterials spills plan,which specifies planned actions for possible emergency
events,a listing of persons to he notified of an emergency event,proposed
signage,and provisions for access by emergency response teams, The emergency
plan must be acceptable to the appropriate firc district or the County Sheriff,as
appropriate.The plan shall include a provision for the operator to reimburse the
appropriate emergency service provider for costs incurred in connection with
emergency response for the operator's activities at the site.
(15) Traffic Impact: for construction traffic on county roads,indicate the
anticipated types of vehicles,numberof each type,anticipated number of trips
per day per each type,county roads to be used,percentage of the construction
traffic that will travel on each listed county road.
(16) Staging Areas: indicate the general location of the staging areas required
for pipeline construction.
l J1h111iJ111111111111
11111131111111 1111111111111,ill 1111 1111111111111111111 11111 111111111111111111111 11111 IN IN
677528 07105/2005 09:41A 81703 F891 M ALSDORF 7 of 12 R 0.00 0 8.00 GARFIELD COUNTY CO
7 of 12 R 0.00 D 0.00 GARFIELD COUNTY CO
117) Hydrotest Water: indicate the quantity of water required,source of water
and the disposition of the water after testing.
9.07.03 Referral and Review by Planning_Dit!12 -. The Planning Director will
coordinate the review of the development plan application.Upon the filing of a
complete application for development plan review,the Planning Director shall
promptly forward one copy to the County Road&Bridge,Oil&Gas Auditor,
Vegetation Management and Engineering Departments;the appropriate fire
district or Ctwnty Sheriff;the surface owners of an individual pipeline
development plan,and any adjacent municipality for comment.
(l) Referral comments on the proposed development shall be returned to the
Planning Director no later than 119 days from the date of application for an
individual site application and 30 days from the date of application for an area
development plan.
(2) In addition,the applicant shall notify the property owners within 20U feet of
the route that are not affected surface owners with an agreement with the
applicant. A sign will be posted on the portions of the route crossing or adjacent
to a public road within seven days after receiving the application for an
individual development plan review.Both the notice and the sign shall indicate
that a development plan review application has been made,and the phone
number of the Planning Department where infom)ation regarding the application
may be obtained.
The applicant shall notify all property owners within 200 feet of the outside
boundary of an area development plan and post a sign at the intersection of each
public road entering the area within seven days after receiving the application for
an area development plan review.Both the notice and the sign shall indicate that
a development plan review application has been made,and the phone number of
the Planning Department where information regarding the application may be
obtained.
(3) Any determination by the Planning Director to approve or conditionally
approve a development plan application must be in writing and mailed or
otherwise provided to the applicant no later than 28 days for an individual
pipeline development plant or 60 days for an area pipeline development plats,
after the date on which the development plan application is filed.Failure to mAe
a dek-rmination on the application within this time period shall result in the
application being considered approved and the applicant's building permit or
access.or other permits being processed.
9.07.06 DevAnpogt Plan evi w StandardLwd Criteria For Anvroval. A development
plan shall be approved or conditionally approved in accordance with the
following standards and criteria.
(1) Right-of-way and any associated facilities shall be located along the
perimeters of surface property ownerships and not within areas of agricultural
crop production as a general guide. Non-perimeter locations will be acceptable
if the surface owner agrees and there is no adverse impact on adjacent properties.
679760 r08/09/2003 r ��r0 0����r rr�� rrirrr��r rr�r� �rti irr�
877528 07/06/2005 09:41A B1703 P892 M ALSt]BFtF 8 of 12 R 0.00 0 0.00GARFIELD COUNTY CC
$DORF
8 of 12 R 0.00 d 0.00 GARF I ELI] COUNTY CO
(2) Any equipment used in construction or operation of a pipeline must comply
with the Colorado Oil and Gas Conservation Commission Rules and Regulations,
Section 802,Noise Abatement.
a. For any pipeline construction or operational facility that will have.a
substantial impact in adjacent areas,additional noise mitigation may be
required.One or more of the following additional noise mitigation rnemuries
may be mquired:
(i)acoustically insulated housing or covers enclosing any
motor or engine;
(ii) semoning of the site or noise emitting equipment by
fence or landscaping,
(iii)a noise management plan specifying the hours of
maximum noise and the type,frequency,and level of
noise to be emitted:and
(iv)any other noise mitigation measures required by the
QGCC.
b.All power sources used in pipeline operations shall have electric motors or
muffled internal combustion engines.
(3) Pipeline operations shall be located in a nt�anner to minimize their visual
impact and disturbance of the land surface.
a.The location of right-of-way shall be away fmm prominent natural
features and identified environmental resources.
b.Right-of-way shall be located to avoid crossing hills and ridges,and
wherever possible,shall be located at the base of slopes.
c.Facilities shall be painted in a uniform,noncontrasting,nonretlective
color,to blend with the adjacent landscape.Right-of-way shall be located in
existing disturbed arras unless safety or visual concerns or other adverse
surface impacts clearly dictate otherwise.
(4) Access points to public roads shall be reviewed by the County Road&
Bridge Department and shall be built and maintained in accordance with the
Garfield County Road Specifications.All access and oversize or overweight
vehicle permits must be obtained from the County Road&Bridge Department
prior to beginning operation.All proposed transportation right-of-way to the site
shall also be reviewed and approved by the County Road&Bridge Department
to minimize traffic hazards and adverse impacts on public roadways.Existing
roads shall be used to minimize land disturbance unless traffic safety,visual or
noise concerns,or other adverse surface impacts clearly dictate otherwise.
Any new roads created as a result of the pipeline construction,intended to be
permanent for maintenance and repair operations shall be placed behind a locked
gate or other barriers preventing use by recreational vehicles. Any gates or
barriers need to be consistent with the surface owners preferences.
VIII IIIIIIII III VIII VIII1111JIM III Hill 1111 Jill III11111Jill Jill
677528 07/06/2003 09:41A 81703 P893 M I-SDORF 679760 08/09/2005 10:06A 81714 P926 M ALSDURF
9 of 12 R 0.00 D 0.00 GARFIELD COUNTY Co 9 of 12 R 0.00 0 0.00 GARFIELD CO€NTY Co
(5) In no case shall an operator engage in activities which threaten an
endangered species.
(0) Air contaminant emissions shad be in compliance with the applicable permit
and control provisions of the Colorado Air Quality Control program,Title 25,
Resolution 7.C.R.S..
(7) All operations shall comply with all applicable State Puhlic Health and
Ettvironment,Water Quality Control standards.
(8) Any proposed waste disposal or treatment facilities shall comply with all
requirements of the County Individual Sewage Disposal System Regulations.
(9) The proposed reclamation plan shall provide for a reasonable reclamation
schedule in light of the specific surface use and surrounding land uses,and may
require recontouring and revegetation of the surface to pre-disturbance
conditions.The Planning Director may also approve a plan for an alternative
postdisturbance reclamation,provided the surface owner and the applicant agree,
and the plan is in harmony with the surrounding land uses and the
Comprehensive Plan.
(10)Should an abandoned pipeline be removed,it will be subject to the original
revegetation and weed management requirements in the original application.
9.07.07 Conditions of Approval
(1) If the Planning Director finds in reviewing a development plan application
that the application meets the applicable:standards set forth above,the Planning
Director shall approve the site plan,and the applicant may continue the
processing of the building or outer associated County permit applications,or
otherwise engage in the construction of the proposed pipeline.
(2) If the Planning Director finds that the application does not meet an applicable
standard or standards,the application shall be approved with appropriate
reasonable conditions imposed to avoid or minimize the significant adverse
impacts of the development. Such conditions may include,but are not
necessarily limited to,the relocation or modification of proposed access roads,
facilities,or structures.landscaping,buffering,or screening;posting of adequate
financial guarantees;compliance with specified surface reclamation measures;or
any other measures necessary to mitigate any significant impact on surrounding
properties and public infrastructure.
(3) Once the Planning Director issues a determination on the development plan,
the determination shall not be final,and no permit based upon the determination
shall be issued,for 14 calendar days after the date of the determination,in order
to allow time for the applicant to appeal.or for the Board of County
Commissioners to call up the determination for further review,pursuant to
Sections 9.07.08 and 9.07.09 of this Resolution. The Planning Director's
determination shall become final,and permits applied for in accordance with the
determination may be issued,only after the expiration of this 14-clay period,and
1111111111111111111111111111111111111111111 111111 111 1111 1 111111 11111 111111111!11 1III1 1111111111 III 111111 111 I1II
677528 0710612005 09;41A B1703 F894 M RLSDORF 579760 08/09/2005 10:06A 81714 P927 M RLSDORF
'10 of 12 R 0.00 D 0.00 GARFIELD CBUIM 00 10 of 12 R 0.00 0 0.00 GARFIELD COUNTY CO
only if the determination is not reviewed and acted upon by the Board of County
Commissioners at a subsequent appeal or call-up hearing.
9.07.08 Applicant's Right of ARM)of Conditional Approval
(1) In the event that the Planning Director conditionally approves a development
plan application,the applicant shall be entitled to appeal the approval to the
Board of County Commissioners.The applicant must file an appeal for this
purpose with the Planning Director in writing no Iater than seven calendar days
after the date of the Planning Director's determination. If the determination is
mailed to the applicant,three additional days for mailing shall be added to the
time for filing an appeal.
(2) The Board shall review the Planning Director's determination at a public
hearing held as soon as practical after the date of the determination.Prior written
notice of this hearing shall he provided to the applicant and to affected surface
property owners as defined in Section 9.07.05,and shalt be published as part of
the Board's agenda in a newspaper of general circulation in Garfield County.
(3) At the public hearing the Board shall consider evidence nalated to the
Planning Director's determination which may be presented by County staff,the
applicant,or interested members of the public,The Board shall not be limited in
their review to the subject of the appeal,but may review any aspect of the
development plan application.Based upon this evidence the Board may affirm
the Planning Director's determination,or may approve the development plan with
modified,altered,deleted,or added conditions in accordance with Section
9.07.06 of this Resolution,No County buiiding,grading,access or other permit
shall be issued,or the applicant otherwise allowed to proceed with the operation,
until the Board acts on the Planning Director's determination at the public
hearing,and approves the development plan with or without the addition or
modification of conditions.
9.07.09 Board of Couniv Commissioners'Review_(" a kup")of g Determination to Approve
or Conditionally A2rovea Development Plan
(1) No County building,grading,access.or other permit may be issued to the
applicant.nor shall the applicant be authorized to proceed with any proposed
pipeline construction not requiring one of these County permits,for 14 calendar
days after the date of the Planning Director's approval,in order for the Board of
County Comrnissianers to review the approval.At the same time written
approval of the development plan is provided to the applicant,the Planning
Director shall forward to the Board a written statement which shall include a
description of the proposed pipeline construction,and,if the development plan is
conditionally approved,the conditions of approval.
(2) [Upon receiving the Planning Director's statement,and no later than 14
calendar days after the date of the approval,the Board may call the'Planning
Director's determination up for review before the Board.The call-up generally
shall be made by the Board at a public meeting convened within this 14-day
period.However,if it is not practical for the Board to convene a public meeting
for this purpose within the 14-day period,the Board will convene at the next
1111111111111111111111111111111111 HE 111 1111111111111 111111111111111111111111 111111111111111 1111111111111111
677528 07/06/2005 09:418 91703 P895 M ALSAORF 679760 08/09/2005 10:06A 01714 P928 M FILSDORF
i1 aF 12 R 0.00 D 0.00 GARFIELD COUNTY CC 11 of 12 R 0.00 D 0,00 GARFIELD COUNTY CO
regular meeting to make a determination as to whether or not the Planning
Director's determination should be reviewed..
a. The Board shall review the Planning Director's determination at a public
hearing held as soon as practical after the Planning Director's determination.
Prior written notice of the hearing shall be provided by the Planning Director
to the applicant and to surface property owners having agreements with the
applicant,and shall be published as part of the Board's agenda in a
newspaper of general circulation in Garfield County.
(3) At the public hearing,the Board shall consider evidence related to the
Planning Director's determination which may be presented by County staff,the
applicant,or interested members of the public.The Board shall not be limited in
their review to the subject of the call-up,but may review any aspect of the
development plan application.Based upon this evidence,the Board may affirm
the determination,or alter,delete,or add conditions of approval,in accordance
with Section 9.07.06 of this Resolution.No County building,grading,access or
other permit shall be issued,or the applicant otherwise allowed to proceed with
the operation,until the Board acts on the Planning Director's determination at the
public hearing,and approves the development plan with or without the addition
or modification of conditions.
9-07.10 Effect of ft Approved DeyelMmenl Plan: After approval of a development plan
fora pipeline,the applicant shall be entitled to have processed any necessary
building,grading or access permits or to otherwise proceed with the proposed
operation.The approval of a development plan by the Planning Director or Board
of County Commissioners does not result in the vesting of development rights,
nor does it permit the violation of any County or state regulations or preclude the
County Building Official or Road&Bridge Department from refusing to issue a
permit if the plans and specifications do not comply with applicable County
regulations.
9.07,1 1 In&dectionstCer6Ficptians: The applicant shall provide the telephone number of a
contact person who may be reached 24 hours a day for purposes of being notified
of any proposed County inspection under this Section.Any site under an
approved development plan may be inspected by the County at any time,to
ensure compliance with the requirements of the approved development plan,
provided that one hours prior notice is given to the contact person at the
telephone number supplied by the applicant.Calling the number(or leaving a
message on an available answering machine or voice mail service at the number)
at least one hour in advance of the proposed inspection shall constitute sufficient
prior notice if the contact person does not answer.The approved development
plan shall he considered to grant the applicant's implied consent to such
inspections and right of entry by County representatives.
Upon completion of any pipeline,the applicant shall submit a statement from a
licensed Professional Engineer in the State of Colorado certifying the completion
of the project and include a digital copy of the surveyed pipeline as-built.
9.07.12 Erkorccment
677628 07I0612003 09:41A 91703 P896 h QLSOORF 12 of IZ R 0.00 D 0.00 GARFIE4 929 M ALSDORF
12 of 12 R 0.00 D 0.00 GORFIELD COUNTY CO CO
(1) !n addition to any other remedy authorized under this Resolution to enforce
the provisions of this Resolution,the Planning Director shall be entitled to draw
on any financial guarantee provided by an applicant pursuant to this Resolution,
if the applicant violates any term or condition of an approved development plan.
If the Manning Director has reason to believe that a violation of an approved
development plan for which a financial guarantee has been provided has
occurred,the Planning Director shall provide written notice to the applicant
describing the violation,and stating a reasonable time within which the violation
must be corrected.If, within that time period,the applicant has not either
corrected the violation or filed a written appeal with the Board of County
Commissioners,tire.Planning Director shall be entitled to enter upon the site to
take any reasonable measures to correct the violation,and may draw on the
financial guarantee to cover the costs of corrective measures.
(2) If the applicant files a timely appeal with the Board of County
Commissioners.the Board shall schedule a hearing on the appeal at the soonest
possible time. The Planning Director shall provide the applicant reasonable
private notice.Publication of the Board's agenda shall operate as notice to the
public. If the Board confirms at the hearing that the violation has occurred and
has not been corrected,the Board in its discretion may give the applicant
additional time to correct the violation,or may specify the time at which the
Planning Director may taste appropriate action to have the violation corrected and
draw on the financial guarantee to cover the costs of corrective measures_
(3) To insure the Planning Directors ability to enforce the provisions of any
approved development plan,the Planning Director shall not release any financial
guarantee provided under this Resolution for a development plan,until the
Planning Director confirms that all operations have been completed and all
provisions of the plan complied with.The Planning Director shall not release any
blanket bond or other blanket financial guarantee provided under this Resolution
unless he is satisfied that the person providing the bored has adequately declared
its intention to conduct no further oil and gas operations in Garfield County in the
foreseeable future.The Planning Director shall also be empowered to release a
financial guarantee if a successor to an operator provides satisfactory guarantees
in accordance with this Resolution.
%07.13 Amendments to a Development Plan; Any proposal to change a development
plan approved under this Resolution shall require an application to the Planning
Department to determine whether the proposed change constitutes a substantial
modification to the approved Flan.If the Planning Director determines that the
change constitutes a substantial modification,no such change shall be allowed to
proceed until an application to amend the approved development plan is filed
with the Planning Director and approval granted in accordance with this
Resolution.The applicant or its successor may appeal the Planning Director's
decision to require an amended development plan to the Board of County
Commissioners,provided that any such appeal shall be in writing and shall be
filed with the Planning Planning Director no later than 30 days following the date
of the Planning Director's decision to require a development plan amendment.