Title 17 LAND USE
Chapter 17.164 LOCAL REGULATIONS OF SITE
SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT
SYSTEMS AND MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND SEWAGE TREATMENT
SYSTEMS
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.