17.152.100 Procedural requirements.
The procedures concerning permit applications and all other procedures in connection with permits are set forth in Chapter 17.148 of Title 17, as well as in Title 16, Title 17--Division 1--Zoning, and the Pueblo County Building Code.
Application for a permit to engage in development in a designated natural hazard area or mineral resource area shall be accompanied by nonrefundable, certified funds in the amount of not more than ten (10) percent of the total cost of the development, or such lesser amount which may be required by the permit authority sufficient to cover the costs incurred in the review and approval of the permit application, including all hearings conducted therefore.
17.152.120 Applicant’s submission requirements.
Applicants seeking to engage in development in a natural hazard area or a mineral resource area shall:
A. Meet the submittal requirements under the "Preliminary Plan" portion of the Pueblo County Subdivision Regulations if the proposal is for the establishment of a subdivision;
B. Meet the requirements of Chapter 70 of the Uniform Building Code, 1973 Edition, if the proposal requires a map amendment, but not subdivision review, under the Pueblo County Zoning Resolution (as amended).
C. Qualifications of Investigators.
1. All geologic maps and reports prepared under this regulation shall be prepared by, or under the responsible direction of, and signed by a professional geologist (as defined by Chapter 51, Article 3, C.R.S. 1973, as amended) who has a minimum of two years’ experience in the specialty of "engineering geology."
2. All engineering work prepared under the requirements of this regulation shall be prepared by or under the responsible charge of a registered professional engineer as defined in Chapter 51, Article 1, C.R.S. 1973, as amended. Such engineer shall also be experienced and competent in the engineering specialty required to meet the objectives of this regulation.
D. Waiver of Submission Requirements.
1. The permit authority may waive any part but not all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. Such a waiver may be granted, after due consideration by the permit authority, 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 and that the proposed development will have an insubstantial impact on the surrounding area.
2. The petition shall be considered and the decision rendered by the permit authority at a public hearing held in compliance with the provisions of Section 17.148.260.
17.152.130 Approval of permit application.
The permit authority shall approve an application for a permit to engage in development of natural hazard area or mineral resource area only if all of the following criteria are met:
A. Natural Hazard Area and Mineral Resource Area.
1. All of the provisions of the permit application procedure have been complied with.
2. The development will not violate any of the applicable prohibitions, restrictions, or purposes set out in Article 1 of this chapter.
3. The development will not otherwise violate the purposes and intent of these regulations.
4. Any development in which residential activity is to take place will be designed so as to minimize significant hazards to public health and safety or to property.
5. Provision is made for disclosure, prior to sales, of all natural hazard and mineral resource areas and mitigation procedures undertaken and for attaching a delineation and description of the natural hazard area and mineral resource area and mitigation measures to all deeds, titles, and recorded documents involving a transfer of ownership of the subject land.
6. Structures designed for human occupancy and sites designed for human use shall be constructed so as to prevent danger to human life or property.
B. Geologic Hazard Areas.
1. Provision shall be made for the long-term health, welfare and safety of the public from geologic hazards to life, property, and associated investments.
2. Permitted land uses, including public facilities, which serve such uses shall avoid or mitigate geologic hazards at the time of initial construction.
3. Man-made changes shall not initiate or intensify adverse natural conditions within a geologic hazard area.
4. Recommendations concerning the proposed development in the designated geologic hazard area by the Colorado Geological Survey shall be solicited and considered. The Colorado Geological Survey shall be allowed no less than twenty-four (24) days in which to respond to such referrals;
C. Wildfire Hazard Areas.
1. Any authorized development will have adequate roads for service by fire trucks, fire-fighting personnel, and other safety equipment, as well as fire breaks and other means of reducing conditions conducive to fire.
2. All precautions required to reduce or eliminate wildfire hazards will be provided for at the time of initial development.
3. The development will adhere to the guidelines and criteria for Wildfire Hazard Areas promulgated by Colorado State Forest Service.
D. Mineral Resource Areas.
1. Importance of diverting future developments to areas which will not interfere with extraction of minerals.
2. The need to permit extraction or exploration of minerals unless extraction or exploration would cause significant danger to the public health and safety.
3. A comparison between the economic value of the minerals present as against the economic value of the proposed development.
4. Procedures proposed for assuring that exploration and extraction of a mineral shall be carried out in a manner which will cause the least practical environmental disturbance.
The permit shall be denied if the development does not meet all of the criteria in Section 17.152.130 of these regulations.