A. Any person desiring to engage in a development in a designated area of State and local interest or to conduct a designated activity of State and local interest must obtain a permit from the permit authority. The application shall be processed in accordance with the procedures and requirements of this Article 4 of these administrative regulations and with the additional provisions set forth below.
The procedure set forth in Section 17.172.080, Pre-Application Procedure, and Section 17.172.090, FONSI Determination of these Regulations are incorporated herein by this reference and shall apply to the permitting of such areas or activities and to permits issued under these Regulations. In each case, FONSI determinations shall be made in consideration of the substantive approval criteria and/or guidelines applicable to the particular area or activity for which the application has been submitted.
The Board of County Commissioners of Pueblo County may approve an application for a permit to conduct an area or activity of State and local interest if the proposed area or activity complies with the County's approval criteria for the conduct of such area and/or activity of State and local interest. If the proposed area or activity does not comply with these approval criteria, the permit shall be denied or, it may be approved with conditions.
A permit is required before any person engages in the designated area or activity of State or local interest. No grading permit, excavation permit, building permit or permit for a permanent use in a County right-of-way or on County-owned property shall be issued by the County for the purposes of development in an area and/or of a designated activity without the approval first being obtained of a permit pursuant to these Regulations.
B. Submittal requirements for Permit applications for designated areas of State and local interest shall be determined by the Permit Administrator. Permit applications for activities of State and local interest reviewed under Chapters 17.164 and 17.172 shall comply with the Submittal Requirements within Section 17.172.120. Permit applications for activities of State and local interest reviewed under Chapters 17.156, 17.160, and 17.168 shall comply with the submittal requirements described below. The Permit Administrator may waive one or more of the submittal requirements when the submittal information would not be relevant to whether the Project complies with the approval criteria. Additional materials may be required for a particular type of Project.
1. Property address
2. Legal description of property
3. Zone District(s) of property
4. Assessor's Tax Parcel Number(s)
5. Owners and interests in the subject property. Provide the names of persons holding recorded legal, equitable, contractual and option interests and any other person known to the applicant having an interest in the subject property.
6. Letter of Request
7. Detailed information describing the Project, addressing:
a. Environmental impacts, including potential impacts to land, water, air, visual/aesthetic qualities, vegetation, and wildlife, as well as impacts due to noise and odor.
b. The presence of, and impact to an historical or archeological sites
c. Geologic suitability and constraints of the site for the proposed use
d. Impacts to existing and adjacent land uses
e. Drainage, stormwater management, erosion
f. Traffic impacts, for any construction phase and for completed Project
8. Address Project compliance with the approval criteria or guidelines within the applicable chapter of the Regulations.
9. Identify any existing or needed permits, approvals, contracts, or agreements associated with or required for the Project.
10. Address Project compliance with the Pueblo Regional Development Plan.
11. A vicinity map and plot plan of the Project. Plot plan shall be drawn to scale, and include parcel dimensions, square feet or acreage, existing and proposed structures, existing and proposed infrastructure, existing and proposed facilities and equipment, water bodies and drainages, and slopes that exceed 15 percent.
12. Elevation drawings and architectural drawings, as applicable, for any structures, facilities or equipment associated with the Project.
13. Any application which requires compliance with §25-65.5-101, 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 County 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 30 days prior to the initial public hearing, transmitted to the County and to the affected mineral estate owners and lessees the notices required by §24-65.5-101, et seq. C.R.S. (Res. P&D 15-036, app. 7-15-2015)
C. An application shall not be accepted unless it is complete. If the application is rejected as being incomplete, the permit authority shall specify what additional information is required. When the application is resubmitted with the additional information requested, the permit authority shall accept the application and shall note thereon the date and hour of its receipt.
D. If the development contemplated by the applicant falls within more than one area and/or activity of State and local interest, the applicant may present one consolidated application regarding all areas and activities of State and local interest involved.
The County shall determine and establish a reasonable fee sufficient to cover the costs of processing the application including the cost of holding the necessary hearings. Within thirty (30) days after determining a Permit is required (in accordance with Section 17.172.090 FONSI Determination), the Permit Administrator shall determine which one of the two application fee processes (below) is applicable to the application, and shall provide the applicant written notification of the determination. The application fee processes are as follows:
1. Application Fee, "Estimate Process"
A. The Administrator shall establish an estimate in an amount necessary to cover costs of reviewing and processing the application, including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it on the application package.
B. Once the estimate is established, the Administrator shall notify the applicant in writing of said fee and its amount. Following receipt of such notice, the applicant shall present to the Permit Authority certified funds in the amount set. Until the fee is paid, the application for Permit shall not be further processed.
C. The actual costs incurred by the County to process the application shall be deducted from the application fee. The Administrator 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 Administrator, additional billings shall be made to the Applicant commensurate with the additional costs incurred by the County. The County may cease processing the application pending receipt of additional installments.
D. The County will deposit in an account of its choosing that portion of the fee which may not be necessary to cover current costs and expenses. The funds in the account will be applied by the County toward costs and expenses in processing the application. 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.
E. The Permit Authority may in its sole discretion waive all or a portion of the fees if the applicant demonstrates a special need or such waiver of fees is found to be in the best interests of the citizens of Pueblo County.
2. Application Fee, "Bill for Costs Process"
A. The Permit Administrator shall track and document all costs of reviewing and processing the application including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it on the application package. The applicant shall be billed for these costs. The Permit Administrator may bill the applicant during the Permit review process and/or at the completion of the Permit review process. Failure to pay the application fee in accordance with the determination and instructions of the Permit Administrator made pursuant to these regulations shall result in the suspension of any further proceedings on the Application until such time as the fee is paid in full. If, after receiving notice of suspension for failure to pay the required fee, the applicant fails to pay the fee within a period of 30 days, then the Application shall be deemed to have been abandoned and therefore denied without further action by the Permit Administrator and/or the Permit Authority. In the event the permit fee is not fully finalized and billed to the applicant prior to the approval of the permit, then a failure to pay the fee in full at the time of final billing shall result in an action by the Permit Authority to rescind the approval of the permit.
No later than thirty (30) days after receipt of a completed application for a permit, the permit authority shall set a date, time and place for a hearing upon the application, and shall publish notice thereof. Such notice shall be published once in a newspaper of general circulation in the County, not less than thirty (30) nor more than sixty (60) days before the date set for the hearing. The Administrator shall also give notice to the other persons and entities set forth in Section 17.148.170, but his or her failure to do so shall not constitute defective notice for the purpose of this hearing.
A. The permit authority shall conduct the public hearing in such a manner to afford procedural due process to the applicant as well as to any person who supports or opposes issuance of the permit.
B. The permit authority shall hear testimony and receive evidence, including:
1. The recommendations and comments of the Administrator;
2. Relevant testimony and documents presented at the hearing.
C. Although the Colorado Rules of Civil procedure do not govern the conduct of the hearing, all persons appearing at the hearing in person or by counsel shall be afforded the right of cross-examination as well as a reasonable opportunity to offer evidence in rebuttal. Any person exercising this right becomes a party who is also subject to examination and cross-examination. The Permit Authority may impose reasonable time limits on presenters and witnesses.
D. Any person may, at his or her own expense, provide for the recording of the hearing and transcription thereof; provided, however, that a copy of the recording or transcript thereof, if transcribed, shall be furnished free of charge to the Administrator and shall become part of the record.
E. The Administrator shall collect and preserve the following record of the public hearings:
1. The permit application;
2. Any written statements or documents presented in support of or in opposition to the permit application;
3. The names and addresses of all persons making oral or written statements, appearing as witnesses, or offering documentary evidence;
4. Any recording or transcript, if any, of the hearing as provided in subsection D of this section;
5. Written minutes of the permit authority relating to the public hearing;
6. The resolution of the permit authority granting or denying the permit application;
7. A copy of the permit, if issued.
F. If the Administrator or any person shall, after the conclusion of the hearing, discover new evidence which he or she wishes to present to the permit authority, he or she may, if the permit authority has not yet reached its decision, petition to have the hearing reopened. If the permit authority determines that sufficient cause exists to believe that new evidence should be considered, it shall reopen the hearing to be convened at a time not less than thirty (30) days nor more than sixty (60) days after such determination, upon notice as provided for in Section 17.148.260 of these regulations. (Res. P&D 15-036, app. 7-15-2015)
A. If the permit authority finds that there is not sufficient information concerning any material feature of a proposed development or activity, the permit authority may deny the application or it may continue the hearing until the additional information has been received. However, no such continuance may exceed one hundred twenty (120) days unless agreed to by the applicant.
B. The permit authority shall approve an application for a permit to engage in development in an area of State and local interest or for the conduct of an activity of State and local interest if the proposed development or activity complies with and meets the standards of all the provisions of the regulations governing such area or activity. If the proposed development does not comply with and meets the standards of such regulations, the permit shall be denied. As an alternative to denial, the permit authority, at its sole discretion, may approve the permit application with conditions to ensure compliance with the Regulations.
C. The permit authority conducting a hearing pursuant to this section shall state, in writing, reasons for its decision, and its findings and conclusions.
D. The permit authority shall reach a decision upon a permit application within ninety (90) days after the conclusion of the hearing, unless an extension is agreed to by the permit authority and the applicant.
If a person proposes to engage in a development in an area of State and local interest or to conduct an activity of State and local interest not previously designated, or for which regulations have not been adopted, the Board of County Commissioners may 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.
A. The permit shall be issued on the form prescribed by the Administrator.
B. The permit may be issued for an indefinite term or for a specific period of time.
C. The permit is valid only for the development or activity described in the application package and applicant's commitments of record, together with the conditions of approval, if any, imposed by the permit authority. Any change in the construction, use, or operation of the project shall require a permit amendment.
D. Copies, or notices of the issuance of, the permit shall be sent to any person requesting a copy thereof upon payment of the cost of reproduction. (Res. P&D 15-036, app. 7-15-2015)
E. A copy of the permit shall be certified by the permit authority to the Pueblo County Clerk and Recorder for recording in the same manner as any other document relating to real property.
A. Before any permit is issued by the permit authority, it may, in its discretion, require the applicant to file a security as described below.
B. In lieu of a bond, the applicant or permittee may deposit cash or appropriate securities as determined by the permit authority.
C. The purpose of any bond or other security required to be filed with the permit authority by the applicant or permittee is to assure that the applicant or permittee shall faithfully perform all requirements of the permit or of the appropriate regulations adopted by the Board of County Commissioners.
D. 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 Board of County Commissioners. 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.
E. The amount of any bond or other security to be filed with the permit authority prior to the issuance of any permit shall be in an amount determined by the permit authority. The criteria for setting the amount of the bond or other security shall be the estimated cost of returning the site of the permitted development or activity to its natural condition if the site was undeveloped prior to the application for a permit hereunder, or to its original condition if the site was developed prior to the application for a permit hereunder. In the alternative, the amount of the bond or other security required by the permit authority shall be based upon the estimated cost of completing the permitted development or activity. Such estimated cost shall be based upon the applicant’s or permittee’s cost estimate submitted with the application, plus the permit authority’s estimate of the additional cost to the County of Pueblo for bringing in personnel and equipment to return the site to its natural or original condition or to complete the development should the permit be revoked or the site be abandoned. The permit authority may require the bond to be partly or entirely in cash. Any cash received, as a bond or security deposit, by the permit authority pursuant to this regulation shall be forthwith deposited in an interest-bearing account, in the name of the permit authority, and selected at the discretion of the permit authority. Any interest earned thereon shall be additional security, but shall be returned to the applicant or permittee upon the completion of the development or activity and satisfaction of all security conditions, and compliance with all applicable regulations.
F. The security may be released only when:
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; or
2. The development or activity has been abandoned and the site thereof has been returned to its natural or original condition; or
3. The project has been completed and security conditions have been satisfied.
G. The security may be canceled by the surety only after ninety (90) days’ notice to the permit authority, and upon receipt of the permit authority’s written consent, which may be granted only when the requirements of the bond have been fulfilled.
H. If a license to do business in Colorado of any surety upon a security filed pursuant to this regulation is suspended or revoked by any State authority, then the applicant or permittee, within thirty (30) days after receiving notice thereof, shall substitute a good and sufficient corporate surety licensed to do business in this State. Upon failure of the permittee to make substitution of surety within a reasonable period of time, not to exceed sixty (60) days, the permit authority shall suspend the permit until proper substitution has been made.
I. 1. If the permit authority determines that a financial guarantee should be forfeited because of any violation of the permit or any applicable regulations adopted by this governing body, 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 this period, then the permit authority shall order the financial guarantee forfeited.
2. 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 for the consideration of the permit authority 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.
3. The security described in Section 17.148.310 of this Chapter may be used by the permit authority of this jurisdiction 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. In the event that the ultimate reviewing court determines that there has been no default by the permit holder, that portion of any monies expended by this jurisdiction from the escrow fund relating to such default shall be replaced in the escrow account by the governing body immediately following such determination. This jurisdiction 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 security. Funds shall be disbursed out of escrow by the institution to this jurisdiction upon this jurisdiction’s demand for the purposes specified in this section.
J. If the forfeited bond is inadequate to cover the cost of returning the site to its original condition or to complete the development or activity, the County Attorney shall take such steps as he or she deems proper to recover such costs where recovery is deemed reasonably possible.
A. If the Permit Authority makes a preliminary determination that the provisions of any permit or the terms of any regulation have been violated by the holder of the permit, the permit authority may temporarily suspend the permit for a period of ninety (90) days. Before making such a temporary suspension, the permit authority shall give the permit holder written notice of the specific violation and shall allow the permit holder a period of at least fifteen (15) days to correct the violations. If the permit holder does not concur that he or she is in violation, he or she shall, within fifteen (15) days of his or her receipt of the notice, show cause to the permit authority why temporary suspension should not be ordered.
B. Either prior to 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 hearing, if it finds:
1. A violation of the provisions of the permit or any applicable regulation; or
2. That the applicant 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 applicant has failed to complete the development or activity with reasonable diligence.
A Permit may be transferred only with the written 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. (Res. P&D 15-036, app. 7-15-2015)