9.15.050 Permit and hearing procedure.
A. Application and Fees. An applicant for a district permit shall submit the following to the Town Clerk no later than ninety (90) days prior to commencement of a proposed activity:
1. A completed application form as prescribed by the Town. The application shall be completed by the owner of the property on which the proposed activity will occur, or its authorized representative, the latter of whom shall provide evidence satisfactory to the Town of his or her authority to act with respect to the property and who shall also provide a statement setting forth his or her interest in the proposed activity.
2. A full and complete description of the proposed activity for which a permit is sought, including, if applicable, a discussion of any future activity anticipated by the applicant with respect to the subject property.
3. Two (2) sets of plans and specifications which shall contain the following information:
a. A vicinity sketch map or other data indicating the site location and legal description of the subject property;
b. Boundary lines of the property for which the permit is sought, if applicable;
c. Location of any buildings or structures within fifty (50) feet of the proposed activity;
d. Accurate contours establishing the topography of the existing ground at a minimum of five feet (5') contour intervals for areas with a grade of less than ten percent (10%), and at a minimum of twenty feet (20') contour intervals for areas with a grade greater than ten percent (10%);
e. Elevations, dimensions, location, extent and slopes of all proposed excavating, grading, filling or surfacing shown by contours and/or other means;
f. Details of all drainage devices in connection with the proposed activity;
g. A statement of the amount and location of any matter proposed to be deposited in areas other than that shown on the plans;
h. Nature and location of existing vegetation and a statement as to the effect of the proposed activity on such vegetation;
i. A vicinity map, at a scale of not less than one foot (1') equals two thousand feet (2,000') depicting the location of streets, highways, watercourses, and natural drainage courses of streams within one-half (0.5) mile of the proposed activity site; and
j. The location of the one hundred (100) year floodplain of any drainage on or adjacent to the site of the proposed activity.
4. A document identifying any activity that may present or create a foreseeable risk of injury to the Town’s waterworks or pollution to the Town’s water supply, along with a specific description of the measures, including best management practices, that will be employed by applicant to obviate such risks.
5. Any and all additional information that may be specifically requested by the Town, including, but not limited to, the following:
a. A map showing the drainage pattern and estimated runoff of the area of the proposed activity;
b. Revegetation and reclamation plans and specifications;
c. A soils analysis, including the nature, distribution and strength of existing soils, and recommendations for earth moving procedures and other design criteria;
d. A geologic analysis of the site and adjacent areas;
e. An operational and maintenance analysis of the proposed activity; and
f. Water use analysis for the proposed activity, including source, quality, amount of consumptive use, impact on groundwater and discharge characteristics.
6. An application will not be deemed to be complete until all information required by the Town has been submitted. The Town Manager or his/her designee shall have the authority to waive one (1) or more submittal requirements if compliance with the requirement(s) waived is not necessary for proper evaluation of a permit application.
7. The applicant shall submit to the Town a district permit application fee, as set forth in Appendix A of this code, at the time of filing an application. The fee set forth in this subsection shall be considered a minimum for each application. To the extent any application results in the Town paying for outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review of the application, the applicant shall pay all such expenses incurred by the Town. All fees and costs shall be due and payable at the time a statement is presented to the applicant by the Town of Parachute. No watershed district permit shall be issued until all fees have been paid.
B. Review, Analysis and Classification.
1. Within sixty (60) days following receipt of a completed application and site inspection, if necessary as determined by the Town, the Town Manager or his/her designee shall review the application and prepare an analysis of the proposed activity, including a discussion of any factor that may present or create a foreseeable risk of injury to the Town’s waterworks or pollution to the Town’s water supply, and including a discussion of the measures, including best management practices, if any, that are proposed by the applicant to obviate such risks.
2. In undertaking the analysis of any proposed activity, the Town Manager or his/her designee shall consider the following factors, and any others that may be relevant:
a. Nature and extent of the proposed activity;
b. Proximity of the activity to existing water courses, Town water supplies and Town waterworks;
c. Drainage patterns and control measures;
d. Soil criteria and erosion potential;
e. Slope steepness and stability;
f. Effects of denudation;
g. Geologic hazards, including, but not limited to, avalanche paths, floodplains, high water tables, fault zones and similar factors;
h. Ambient and nonpoint source discharges into water; and
i. Fire hazard.
3. The Town Manager or his/her designee may classify in writing an application as minor impact if the Town Manager or his/her designee finds, based upon the Town Manager’s or his/her designee’s analysis, that the proposed activity does not present or create a clear or foreseeable risk of significant injury to the Town’s waterworks or pollution to the Town water supply. If the Town Manager or his/her designee has designated an application as minor impact, the Town Manager or his/her designee shall forward the application, analysis and no impact finding to the Town Council, and the Town Council shall conduct the hearing required under subsection (C) of this section, at a regularly scheduled meeting within thirty (30) days of the Town Manager’s or his/her designee’s analysis determination. The Town Council shall render a decision regarding the issuance or denial of a district permit to such applicant within the time limits contained in subsection (C) of this section. The failure of the Town Council to render such decision within the time limits herein set forth shall be deemed affirmative action on the issuance of the requested permit for any application classified as minor impact.
4. If upon receipt of an application and review thereof in accordance with the criteria set forth in subsection (B)(2) of this section, the Town Manager or his/her designee determines that the proposed activity is of a type or location that will have no negative impact on the Town’s waterworks or water supply, the Town Manager or his/her designee may classify the application as no impact. If such a no impact finding is made, the Town Manager or his/her designee shall immediately issue a district permit for the proposed activity. After issuance of said permit, the Town Manager or his/her designee shall report same to the Town Council at its next regular or special meeting, and shall also keep a record of such no impact permits for the purpose of assessing the cumulative impact of no impact activities. If the Town Manager or his/her designee does not make a no impact determination, that decision may be appealed to and considered by the Town Council at that meeting at which the application is otherwise reviewed. At said meeting the Council may, based upon the same standards as set forth above, grant a no impact permit for the proposed activity.
5. If upon receipt of an application and review thereof in accordance with the criteria set forth in subsection (B)(2) of this section the Town Manager or his/her designee finds that the proposed activity poses a foreseeable and significant risk of injury to the Town’s waterworks or pollution of the Town’s water supply, the Town Manager or his/her designee shall forward the application, analysis, and finding to the Town Council, together with a recommendation that the Town Council deny the permit or issue the permit with conditions. The Town Council shall then review the application and recommendation as provided in subsection (C) of this section.
C. Hearing. Upon receipt of an application, analysis, and finding from the Town Manager or his/her designee, the Town Council shall conduct a public hearing to review the application and shall render a decision regarding the issuance or denial of a district permit to such applicant within sixty (60) days of receipt of the Town Manager’s or his/her designee’s analysis. However, if the activity requires approval or a permit from any agency of the county, state or federal government, and the approval time lines for the county, state or federal action exceed that required in this section, the Town shall have until thirty (30) days following the issuance of the county, state or federal permit or approval to render a decision regarding the issuance or denial of a district permit to such applicant. The Town Council may require additional information from any applicant, in which event the public hearing and decision may be delayed or continued until receipt of such additional information.
D. Standards for Issuance of Permit. A district permit shall be issued when the Town Council finds that the applicant has sustained the burden of proof that the proposed activity, including best management practices, if any, does not present or create a foreseeable risk of injury to the Town’s waterworks or pollution to the Town’s water supply, or injury or pollution or any water sources tributary thereto for five (5) miles above any point from which water is diverted for use by the Town. A district permit shall be denied when the Town Council finds that the applicant has not sustained such burden of proof.
E. Permit Conditions. The Town Council in issuing any district permit may prescribe any conditions it may deem necessary to effect the intent of this chapter. The Town Council may require any applicant to post a surety bond or cash in an amount sufficient to ensure compliance with the district permit, including, but not limited to, the cost of maintenance, operation, revegetation, reclamation, and other requirements intended to further the intent of this chapter. The Town Council may release to the applicant portions of any such bond or cash from time to time when no longer necessary to ensure compliance with the district permit.
F. Duration of Permit. If any proposed activity for which a district permit is issued is not commenced within twelve (12) months from the date of issuance of such permit, the permit shall expire and become void.
G. Notice of Hearing. Notice of any public hearing required hereunder shall be given at least ten (10) days in advance of the public hearing by publication in the official newspaper of the Town of Parachute, and by notice to the applicant by registered mail.
H. Joint Review Processes. Any permit required hereunder can be reviewed and issued pursuant to a joint review process with any other government entity or agency charged with the review and approval of the same activity or activities. (Ord. 492, 2004; Amended Ord. 685 §15, 2015; Amended Ord. 715 §2 (Exh. A), 2017; Amended Ord. 757 §2, 2019)