17.164.030 Approval Criteria.

   A permit for the conduct of site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems shall be issued by the Board of County Commissioners following a public hearing upon the application for such a permit, provided that each of the following criteria are satisfied:
   A.  There is sufficient existing and projected need to warrant and support the proposed activity.
   B. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.
   C. Major extensions of domestic water and sewage treatment systems will not create growth and development which is incompatible with and cannot be accommodated by the local financial capacity of the area or residents to be served.
   D. Major extensions of domestic sewage treatment systems will not overburden the existing systems and current and projected future demand for the service can be met within existing and proposed capacity.
   E. The activity can be supported by water possessed by the applicant of sufficient quality to meet the State’s drinking water standards and in sufficient quantity to fulfill existing and projected future demand.
   F. The activity will not create proliferation of special districts, or overlapping of the boundaries of special districts.
   G. Environmental impacts including, but not limited to, agricultural productivity potential, aquatic life, stream standards, groundwater, and in-stream water quality related to the proposed activity have been identified and will be mitigated or compensated for.
   H. The proposed activity will not make demands upon natural resource, including, but not limited to, water, energy resources, and unique environmental areas, which demands are excessive when compared with the value of the activity.
   I. The proposed activity does not conflict with the Pueblo Regional Development Plan, Water Quality Management Plan, or other duly adopted plans of the County of Pueblo.
   J. All natural hazards affecting the proposal, including, but not limited to, floods, expansive and corrosive soils, unstable geologic features, such as mudflows, landslides and avalanches have been avoided or compensated for by the activity.
   K. The activity will not conflict or create any conflict with the surrounding lands either as they exist currently or as proposed by local plans and programs previously approved by the governing body of the territory of local government in which the proposed activity lies.
   L. The proposed activity is the best alternative available for the provision of water and/or sewer service to the geographical area affected by the proposal.
   M. Economic impacts including, but not limited to, taxable property, agriculture, NPDES permitted facilities, and recreation related to the proposed activity have been identified and will be mitigated or compensated for.
  N. Additional permit for a major new domestic water supply system or major extension of an existing domestic water supply system. When the component water supply system for a major new domestic water system or major extension of an existing domestic water system is proposed to be developed for a new or increased diversion per year, or new or increased storage capacity, of 500 acre-feet or more, the additional criteria set forth in §17.172.130, which are incorporated by this reference, shall be satisfied as part of this designation and the activity will require a permit for a Municipal Water Project pursuant to §17.172.010 et seq.
  O. Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained.
   This issuance of a permit allowing the activity shall, however, in no way constitute an exemption from zoning and other land use regulations, health regulations, or procedural requirements. In the case of this activity, the issuance of a permit is contingent upon the subsequent approval of the proposal by the Colorado Water Quality Control Commission and/or the Colorado Department of Public Health and Environment, where required by appropriate statute or regulation.