§ 14.7. APPEAL OF 1041 PERMIT REQUIREMENT

An applicant may appeal the requirement for obtaining a 1041 permit.

A.

Appeal process.

1.

Initiation of appeal. A written application for appeal must be submitted to the planning director on a form provided by the planning department. An application fee established by the county commissioners must be paid when the appeal is submitted.

2.

Contents of appeal. The appeal application must include a description of the scope of the proposed activity and evidence that supports the appeal including evidence that demonstrates how section 14.7.B. review criteria are met.

3.

Scheduling. Upon receipt of the appeal, the planning director will schedule the appeal on the next available agenda of the county commissioners, no later than 60 days after the date on which a properly completed application is filed.

4.

Notice. Notice shall be consistent with the requirements of section 12.3, notice of public hearing. Notice of the time and place of the appeal hearing must be published in a newspaper of general circulation at least 14 days before the hearing date.

5.

Action by the county commissioners.

a.

At the appeal hearing the county commissioners will take relevant evidence and testimony from the person who filed the appeal, county staff and any interested party.

b.

The applicant shall have the burden of proving that granting the appeal is consistent with the intent and purpose of this section 14.

c.

The county commissioners may refer an appeal to the planning commission for a recommendation. The decision to refer an appeal to the planning commission will be made by the county commissioners within 14 days of the date the appeal was submitted.

d.

The decision of the county commissioners shall be final.

B.

The county commissioners shall consider each of the following review criteria and make findings pertaining to each one which, in their discretion, applies to the appeal.

1.

Approval of the appeal will not subvert the purpose or intent of this section 14.

2.

The development or activity has received approval through a state or federal permitting process which has utilized review criteria substantially the same as those contained in this regulation, and which has afforded a similar or greater amount of input by affected citizens and property owners of Larimer County.

3.

In the case of siting and development of a new domestic water or sewer transmission pipeline, evidence has been provided that:

a.

The proposed pipeline is located entirely on property owned by the entity proposing the activity and/or within easements or rights-of-way that have been acquired from willing sellers, or

b.

The proposed pipeline is located entirely within a special district organized under C.R.S. Title 32, or a public or local improvement district organized under C.R.S. 30-20-Parts 5 and 6, and

(1)

The pipeline is intended to provide water or sewer service to properties located within that district in Larimer County; and

(2)

Written notice of all scheduled public meetings of the district concerning the siting and development of the new pipeline has been given to all property owners who may be directly affected by the activity, and to the county commissioners, not less than 14 days prior to the meeting.

(Res. No. 11182008R012, Exh. A, 11-18-2008; Res. No. 01192010R004, 12-21-2009)