Title 17 LAND USE
Chapter 17.168 SITE SELECTION AND CONSTRUCTION OF MAJOR FACILITIES OF PUBLIC UTILITIES
17.168.040 Guidelines.
A permit to conduct site selection and construction of a
major facility by a public utility shall be issued by the permit authority
following a public hearing upon the application for such a permit, provided
that, at such hearing, the preponderance of evidence shall establish the
following:
A. The health, safety and welfare of the citizens of this
jurisdiction will be protected and served;
B. The facility will not adversely impact the physical,
economic, or social environment of this jurisdiction, except as permitted in
Section 17.168.040(C);
C. When an adverse impact is expected to occur, reasonable
modifications and programs and other reasonable mitigating actions will be
implemented and maintained to minimize the degree of adversity of the
impact;
D. Other feasible alternatives to the proposed facility have
been assessed, and the proposed facility represents the best interest of the
people of this jurisdiction and the best utilization of resources in this
jurisdiction;
E. There exists a need, or a reasonably foreseeable need, for
the facility as proposed;
F. Adequate resources (e.g., schools, water and air, roads,
labor) exist, or will exist, for the construction and efficient operation of the
facility;
G. The facility does not conflict with this
jurisdiction’s adopted Comprehensive Plan, or a Comprehensive Plan in the
required statutory process of adoption, and all feasible actions have been taken
to avoid conflict with other adopted plans of this jurisdiction, region, State
and nation.
Where such terms as "reasonable," "feasible" and "adequate"
are used in the foregoing guidelines, the permit authority shall determine in
each case what is or is not reasonable, feasible or adequate.
The 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 major facility by the Public Utilities Commission, Colorado
Department of Public Health and Environment, U.S. Environmental Protection
Agency, or other regulatory agencies, where required by appropriate statute
or regulation.