§ 82-64. Special use authorization procedures.

(a)

The county council delegates to the director of the division of land acquisition and management or designee the authority to issue or revoke a special use authorization pursuant to this section.

(b)

Any person may apply for a special use authorization according to the following procedure:

(1)

Submit a completed application, on a form prepared by the division, to the division. Said completed application shall be submitted at least seven days prior to the commencement of the requested use.

(2)

If the requested use will create a substantial risk of liability to the county, the applicant can mitigate the substantial risk of liability by:

a.

Providing proof of liability and property damage insurance naming the county as an insured in an amount deemed sufficient by the division to cover the cost of the liability which is posed to the county, or;

b.

Providing waivers or releases, liability and indemnification sufficient to protect the county, as required by the county's risk manager.

(3)

An application shall be evaluated by division staff using the following criteria, as appropriate:

a.

The requested use is resource-based;

b.

The requested use is consistent with the management plan for the conservation lands involved and will not interfere with the management of the property;

c.

The requested use will not harm the environmental resources of the conservation land;

d.

The requested use will not cause unreasonable expense to the county;

e.

The requested use will not create a substantial risk of liability to the county;

f.

The requested use will not harm any works, roads, or county owned facilities or equipment;

g.

The requested use will not interfere with leased or other authorized uses of the land;

h.

The requested use will not interfere with any other use allowed by this article;

i.

The requested use will not interfere with the public's use of the conservation land;

j.

The length of time requested for the use is reasonably related to the proposed use;

k.

The requested use is necessary for the purpose of facilitating access for a mobility impaired person, and

l.

The use is consistent with this article.

Division staff may, if necessary, consult with other county staff and/or that of other agencies during review of an application.

(4)

Subsequent to the completion of its review, the division shall issue a recommendation regarding the application to the director of the division or his or her designee.

(5)

If the requested use satisfactorily addresses the appropriate criteria set forth in this section, the director or his/her designee shall issue the special use authorization. The director of the division or his/her designee shall impose upon any special use authorization issued pursuant to this article such reasonable conditions as are necessary to assure that the use or activity authorized will meet the criteria set forth in this article.

(6)

If the requested use does not satisfactorily address the appropriate criteria set forth in this section, the director of the division or his/her designee shall deny the special use authorization.

(c)

Any person receiving a special use authorization from the county must have the special use authorization in his possession at all times while on conservation lands.

(d)

The director of the division or his/her designee shall revoke a special use authorization if the use violates the conditions of the authorization or if the user engages in a nonauthorized use.

(e)

Appeals.

(1)

A person claiming to be aggrieved by a decision of the director of the division or his/her designee with respective to a special use authorization may file a written appeal with the division. Said appeal shall be filed within ten days of rendition of the decision by the director of the division or his/her designee and shall state fully the specific grounds for the appeal and all of the facts relied upon by the petitioner.

(2)

The director of growth and resource management department has the sole authority to hear and decide appeals from any special use authorization of the director or his/her designee. A timely filed appeal to the director of growth and resource management department shall stay the special use authorization.

(3)

Upon receipt of the notice of appeal, the division shall transmit to the director of growth and resource management department all documents, plans, papers, applications, recommendations, or other materials relating to the appealed decisions within ten days. The director of growth and resource management department may, upon appeal, reverse, affirm or modify any special use authorization issued by the director of the division of land acquisition and management or designee.

(Ord. No. 2006-01, § 26, 1-5-06)