Article 5. Permits  

2.501.   Issuance of Permit; Conditions

The Permit shall be issued on the form adopted by the Permit Authority. An example Permit is attached hereto as Exhibit C. The Permit Authority may attach any conditions to the Permit to ensure that the requirements of these Regulations are continuously met. The Permit Authority may impose additional mitigation requirements and conditions on an applicant under the following procedure:

(1)

The Permit Authority shall make written findings that each such requirement and condition is necessary to ensure that the proposed project will not result in significant adverse net effect on the resources, values and conditions in the applicable chapter of these Regulations.

(2)

The Permit Authority shall also find in writing that each such requirement and condition is necessitated by the proposed Project.

(3)

All such findings shall be based on material in the administrative record.

(4)

The Permit Authority shall base the additional requirements and conditions on applicable design standards as adopted by the County to the extent that such standards then exist.

2.502.   Term of Permit; Progress Reports

The Permit may be issued for an indefinite term or for a specific period of time, depending upon the size and complexity of the Project. Periodic progress reports may be required to be submitted to demonstrate that the applicant is completing the development with reasonable diligence. If the applicant fails to take substantial steps to initiate the permitted Project within twelve (12) months from the date of the Permit or such other time period specified in the Permit, if such steps have been taken but the applicant has failed to complete the development with reasonable diligence, then the Permit may be revoked or suspended in accordance with Section 2.508.

2.503.   Renewal

Permits and Administratively Approved Permits issued under these Regulations may be renewed following the same procedure for approval of the initial Permit. The Permit Authority or the Director, as appropriate, may impose additional conditions at the time of renewal if necessary to ensure that the Project will comply with these Regulations.

2.504.   Permit Amendment

(1)

Any material change, as determined by the Director, in the construction, use, or operation of a Project from that initially approved shall require a Permit amendment. The amendment shall be processed in accordance with and subject to the same procedures and requirements set forth herein for a new Permit or an Administratively Approved Permit, as applicable.

(2)

A government-sponsored project providing a public utility service, e.g. water, wastewater, gas or electric, shall not be subject to this provision with respect to future operations to the extent such operations utilize existing infrastructure for which a Permit or an Administratively Approved Permit under these Regulations has been obtained, and which are consistent with the originally intended scope and use of that infrastructure for which a Permit or an Administratively Approved Permit has been obtained, subject to any limitations or conditions to the contrary contained in the original Permit.

2.505.   Permit Administration, Enforcement and Inspection

The provisions of these Regulations and any Permits or an Administratively Approved Permit issued hereunder shall be administered, enforced, and inspected in accordance with the provisions of this Chapter and Chapter 1.

2.506.   Transfer of Permits

A Permit may be transferred unless a Permit condition requires consent of the Permit Authority. The Permit Authority, or in the case of an Administratively Approved Permit, the Director, must ensure, in approving any transfer, that the proposed transferee can and will comply with all the requirements, terms, and conditions contained in the Permit and these Regulations; that such requirements, terms, and conditions remain sufficient to protect the health, welfare, and safety of the public; and that an adequate guarantee of financial security can be made.

2.507.   Financial Security

(1)

Before any permit is issued, the Permit Authority may in its discretion require the applicant to file a guarantee of financial security deemed adequate by the Permit Authority and payable to El Paso County.

(2)

The security shall be signed by the applicant or permittee as principal and by a good and sufficient corporate surety licensed to do business in the State of Colorado, and it shall be made payable to the Board of County Commissioners. At the discretion of the Permit Authority, those persons holding any interest in the land on which the development or activity is to be conducted may also be required to join as principals.

(3)

The purpose of the financial security shall be to assure that all requirements of the Permit for mitigation and site remediation are adequately guaranteed.

(4)

The amount of the financial security shall be established by the Permit Authority upon consideration of the following criteria:

(a)

The estimated cost of returning the site of the permitted development or activity to its original condition or to a condition acceptable to the Permit Authority in accordance with standards adopted by the Permit Authority for the matter of state interest for which the Permit is being granted; and

(b)

The estimated cost of complying with the mitigation requirements of the Permit.

(c)

Other financial security provided by the applicant in connection with the same Project.

(5)

Estimated cost shall be based on the applicant's submitted cost estimate plus the Permit Authority's estimate of the additional cost to bring in personnel and equipment to accomplish any unperformed purposes of the financial guarantee. The Permit Authority shall consider the duration of the development or activity and compute a reasonable projection of cost increases due to inflation.

(6)

The Permit Authority may require that all or a portion of the amount of the financial guarantee shall be in cash deposited with the County Treasurer and placed in an interest-bearing account. Any interest earned shall be deemed additional security and returned to the applicant in the same manner as the original deposit.

(7)

The financial guarantee may be released only when:

(a)

The Permit has been surrendered to the Permit Authority before commencement of any physical activity on the site of the permitted development or activity;

(b)

The development or activity has been abandoned and the site thereof has been returned to its original condition or to a condition acceptable to the Permit Authority in accordance with standards adopted by the Permit Authority for the matter of state interest for which the Permit was granted; or

(c)

The mitigation requirements have been satisfactorily completed.

(8)

Any security may be cancelled or reduced by a surety only upon receipt of the Permit Authority's written consent which may be granted only when such cancellation or reduction will not detract from the purposes of the security.

(9)

If the license to do business in Colorado of any surety upon a security filed pursuant to these Regulations is suspended or revoked by any state or federal authority, then the applicant or permittee, within ten (10) days after receiving notice thereof, shall substitute a good and sufficient surety licensed to do business in the State. Upon failure of the permittee to make substitution of surety within the time allowed, the Permit Authority shall suspend the Permit until proper substitution has been made.

(10)

If the Permit Authority determines that a financial guarantee should be forfeited because of any violation of the permit, it shall provide written notice to the surety and to the permittee that the financial guarantee will be forfeited unless the permittee makes written demand to the Permit Authority within thirty (30) days after permittee's receipt of notice, requesting a hearing before the Permit Authority. If no demand is made by the permittee within said period, then the Permit Authority shall order the financial guarantee forfeited.

(11)

The Permit Authority shall hold a hearing within thirty (30) days after the receipt of the demand by the permittee. At the hearing, the permittee may present statements, documents, and other information with respect to the alleged violation. At the conclusion of the hearing, the Permit Authority shall either withdraw the notice of violation or enter an order forfeiting the financial guarantee.

(12)

The cash deposit described in subsection (6) above may be used by the County in the event of the default or alleged default of the Permit holder only for the purposes of recovering on the surety or fulfilling the Permit obligations of the Permit holder. The County may arrange with a lending institution which provides money for the Permit holder that said institution may hold in escrow any funds required for said cash deposit. Funds shall be disbursed out of escrow by the institution to the County upon its demand for the purposes specified in this Section.

(13)

If the forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the El Paso County Attorney is hereby authorized to take such steps as deemed proper to recover such costs, including, without limitation, perfecting a lien upon any real property in the County owned by the permittee, by certifying such costs to the County Treasurer for collection in the same manner as real property taxes or by civil action.

(14)

Upon request, the Permit Authority may, in its sole and exclusive discretion, waive all or any portion of the financial security requirements.

(15)

With respect to security required for an Administratively Approved Permit under Section 2.202, the Director shall exercise all of the powers and functions as described herein for the Permit Authority.

(16)

The County Attorney shall have authority to approve the form of security presented.

2.508.   Revocation or Suspension of Permits

(1)

In the event the Director has reason to believe that the condition imposed on the Permit has been violated by the holder of the Permit, the Director may temporarily suspend the Permit for a period of thirty (30) days. Before imposing such a temporary suspension, the Director shall give the permittee written notice of the specific violation and shall allow the Permit holder a period of at least ten (10) days to correct the violation. If the permittee does not concur that there is a violation, the permittee shall, within ten (10) days of the date of such notice, demonstrate to the Director why temporary suspension should not be ordered. Within ten (10) days thereafter, the Director shall make a decision, as follows:

(a)

If the Director determines there is no Permit violation, the matter is closed and the Permit remains in effect.

(b)

If the Director finds a violation exists, the Permit shall be suspended for thirty (30) days. During such period, the applicant shall either:

(i)

Correct the violation;

(ii)

Request an extension of time to correct the violation, or

(iii)

Request a show cause hearing before the Permit Authority, which shall be conducted in substantially the manner set forth in Section 2.401 and 2.402(1).

(c)

The Director may extend the time period for the correction of a violation upon the request of the Permittee.

(2)

In lieu of, or subsequent to a temporary suspension, the Permit Authority may permanently revoke or suspend the Permit after conducting a public hearing in substantially the same manner and after substantially the same notice as for Permit hearings (Sections 2.401 through 2.403), and if it finds:

(a)

A violation of any provision or condition of approval of the Permit or applicable regulation for administration of the matter of state interest concerned; or

(b)

The permittee has failed to take substantial steps to initiate the permitted development or activity within twelve (12) months from the date of the Permit, or, if such steps have been taken, the permittee has failed to complete the development or activity or any condition of permit approval with reasonable diligence. "Substantial steps" do not require construction activity and may include, among other things, legal or administrative proceedings and activities directly associated with the permittee's project. An extension of the time within which substantial steps to initiate the permitted development or activity need be taken may be granted by the Permit Authority upon the request of the applicant and a showing of good cause therefore.

(c)

Upon good cause shown, any revoked or suspended permit may be reinstated by the Permit Authority, within twelve (12) months after revocation or suspension.

2.509.   Annual Review

(1)

Within thirty (30) days prior to each annual anniversary date of the granting of a Permit the permittee shall submit a report to the Development Services Department containing a summary of past activities conducted by the permittee pursuant to the Permit including a satisfactory showing that the permittee has complied with all conditions of the Permit and applicable regulations. The permittee need not inform of activities, such as operational changes, which are not the subject of a Permit condition.

(2)

The Development Services Director shall review the report set forth in Section 2.509(1) within thirty (30) days from the date of submittal thereof. If the Development Services Director determines that the permittee has or is likely to have violated the provisions of the Permit and/or applicable regulations, he/she shall schedule the matter for public hearing by the Permit Authority. If the Permit Authority determines at the public hearing that the permittee has violated the provisions of the Permit and/or applicable regulations, the Permit Authority may suspend and/or revoke the Permit in accordance with Section 2.508.

(3)

Upon notice to the Permit Authority or the Director, of the fulfillment of all Permit conditions, and the Permit Authority's concurrence therein, the Permit Authority shall terminate any annual review requirements.

(4)

The Permit Authority may waive or modify the annual review requirements upon petition of the permittee and a showing of good cause therefor.

(5)

In the case of an Administratively Approved Permit, the Director shall consider suspension or revocation in the manner set forth in Sections 2 2.202(6) and (7).