§ 14.9. 1041 PERMIT APPLICATION AND REVIEW PROCESS

A.

No person may engage in development in a designated area of state interest or conduct a designated activity of state interest without first obtaining a 1041 permit, unless the county commissioners have granted an appeal to the requirement for a 1041 permit or have adopted an intergovernmental agreement per section 14.8 such that a permit is not required.

1.

If a development or activity subject to these regulations is proposed as an integral part of a land division process, the applicant shall comply with this section prior to obtaining final plat approval.

2.

No building permit shall be issued by the county for an activity or development subject to this section without the applicant having first obtained a 1041 permit, unless the county commissioners have granted an appeal to the requirement for a 1041 permit or have adopted an intergovernmental agreement per section 14.8 such that a permit is not required.

3.

1041 permits issued under this section shall not be considered to be a site specific development plan and no statutory vested rights shall inure to such permit. A 1041 permit may specify a period of time for which the permit is valid or state additional criteria related to future validity of the permit.

B.

General process outline. The following is a general outline of the steps required for any permit decision under this section. More specific information regarding these referenced steps is contained in section 12 common procedures for development review and in the technical supplement to the Land Use Code.

1.

Pre-application conference.

2.

Complete and sufficient application received.

3.

Referral to affected agencies.

4.

Public hearing before the planning commission and county commissioners.

5.

Post-approval requirements.

C.

Notice of 1041 permit hearing. Notice shall be consistent with the requirements of section 12.3, notice of public hearing.

1.

Not later than 30 days after receipt of a completed application for a 1041 permit, the planning director shall set and publish notice of the date, time and place for a hearing before the county commissioners. The notice shall be published once in a newspaper of general circulation in Larimer County, not less than 30 nor more than 60 days before the date set for the hearing.

a.

The planning director shall be responsible for the determination that a complete and sufficient application has been received.

b.

Not later than 60 days after receipt of the application, the planning director shall provide a written description of any application materials that are determined to be not complete and the additional materials that are necessary before application processing may begin.

2.

Within the time constraints above, the planning director shall schedule the application for a hearing before the planning commission. Notice of the planning commission hearing shall be published in a newspaper of general circulation for the county at least 14 days before the hearing date.

3.

A notice will be mailed to property owners in the vicinity of the proposal at least 14 days prior to the hearing(s) according to the procedures and requirements of section 12.3.3 mailed notice.

4.

C.R.S. §§ 30-28-133(10) and 24-65.5-103(1) require an applicant for development to notify all owners and lessees of a mineral interest on the subject property of the pending application. The applicant must submit, to the planning department, a certification of compliance with this notice requirement, prior to the initial public hearing for a 1041 permit, except for those types of development applications specifically excluded below. Failure to submit the required certification of notice will result in the public hearing being rescheduled to a later date. According to C.R.S. §§ 24-65.5-102(2) an application for development does not include applications with respect to electric lines, crude oil or natural gas pipelines, steam pipelines, chilled and other water pipelines, or appurtenances to said lines or pipelines; therefore notification of mineral interest owners and lessees is not required for those activities.

D.

Any application for a 1041 permit which relates to the location, construction or improvements of a major electrical or natural gas facility as contemplated by 29-20-108 C.R.S. as amended shall be subject to the terms of that statute. In the event of an inconsistency between the statute and these regulations, the statute shall control.

E.

The planning director may, when necessary, decide that additional expertise is needed to review a project, according to the procedure detailed in Section 8.01.A of this Code.

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